Supreme Court of Missouri
en banc
June 27, 2003
Effective January 1, 2004
Effective January 1, 2004
In re:
(1) Repeal of subdivision (d) of subdivision 21.05, entitled “Misdemeanors - Summons - Contents, “ of Rule 21, entitled “Proceedings Applicable to Misdemeanors Only,” and in lieu thereof adoption of a new subdivision (d) of subdivision 21.05, entitled “Misdemeanors - Summons - Contents.”
(2) Repeal of subdivision 24.02, entitled "Misdemeanors or Felonies - Pleas," of Rule 24, entitled "Misdemeanors or Felonies - Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivision 24.02, entitled "Misdemeanors or Felonies - Pleas."
ORDER
- 21.05 MISDEMEANOR – SUMMONS – CONTENTS
The summons shall:
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(d) Be signed by a judge or by a clerk of the court when directed by the judge; and
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- 24.02 MISDEMEANORS OR FELONIES - PLEAS
(a) Alternatives. A defendant may plead not guilty, guilty, or not guilty by reason of mental disease or defect excluding responsibility, or both not guilty and not guilty by reason of mental disease or defect excluding responsibility. If a defendant refuses to plead or if a corporation fails to appear, the court shall enter a plea of not guilty.
(b) Advice to Defendant. Except as provided by Rule 31.03, before accepting a plea of guilty, the court must address the defendant personally in open court, and inform defendant of, and determine that defendant understands, the following:
1. The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and
2. If the defendant is not represented by an attorney, that defendant has the right to be represented by an attorney at every stage of the proceedings against defendant and, if necessary, one will be appointed to represent defendant; and
3. That defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against defendant, and the right not to be compelled to incriminate himself or herself; and
4. That if defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty defendant waives the right to a trial.
(c) Ensuring That the Plea Is Voluntary. Except as provided by Rule 31.03, the court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or
threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or defendant's attorney.
(d) Plea Agreement Procedure. The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.
1. In General. The prosecuting attorney and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense or to a
lesser or related offense, the prosecuting attorney will do any of the following:
(A) Dismiss other charges; or
(B) Make a recommendation, or agree not to oppose the defendant's request, for a particular disposition, with the understanding that such recommendation or request shall not be binding on the court; or
(C) Agree that a specific sentence is the appropriate disposition of the case; or
(D) Make a recommendation for, or agree on, another appropriate disposition of the case.
The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.
2. Disclosure of Plea Agreement - Court's Action Thereon. If a plea agreement has been reached by the parties, the court shall require the disclosure of the agreement on the record in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the agreement is pursuant to Rule 24.02(d)1(B), the court shall advise the defendant that the plea cannot be withdrawn if the court does not adopt the recommendation or request. Thereupon the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report.
3. Acceptance of a Plea Agreement. If the court accepts the plea agreement, the court shall inform the defendant that it will embody the disposition provided for in the plea agreement in the judgment and sentence.
4. Rejection of a Plea Agreement. If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw defendant's plea if it is based on an agreement pursuant to Rule 24.02(d)1(A), (C), or (D), and advise the defendant that if defendant persists in the guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.
5. Inadmissibility of Pleas, Offers of Pleas, and Related Statements. Except as otherwise provided in this Rule 24.02(d)5, evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or of any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers is not admissible in any civil or criminal proceeding against the person who made
the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, or an offer to plead guilty to the crime charged or any other crime is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.
(e) Determining Accuracy of Plea. The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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STEPHEN N. LIMBAUGH, JR.
Chief Justice