Alywin Kluttz v. State Missouri

Defendant, Alywin E. Kluttz, M.D., appeals order denying his motion to withdraw a plea of guilty to the class C felony of failure to return leased or rented property in violation of § 578.150 RSMo 1986. Rule 29.07(d) authorized the court to consider withdrawal because imposition of sentence was suspended. Defendant was originally charged with three counts of failure to return leased or rented property and three counts of tampering in the first degree in violation of § 569.080.1(2) RSMo 1986. The state agreed to dismiss five counts in exchange for a plea of guilty to one count. The state did not agree to an Alford plea on the remaining count. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). However, the court accepted an Alford plea and suspended imposition of sentence. It placed defendant on probation for a period of three years subject to certain conditions including full restitution.