Typical plea bargain situation: in exchange for defendant paying all restitution the state agrees to not file every possible charge allowing a plea to only one single count. Defendant in this case entered into such a plea bargain and later claimed ineffective assistance of counsel arguing he shouldn’t have to pay restitution for uncharged offenses.
The higher court upheld the plea bargain and denied defendant’s claim of ineffective assistance of counsel stating “counsel would have been less effective to risk Movant taking four felony hits, instead of just one, to better support $575 restitution.”
WILLIAM PAUL SCHEIDER, IV, vs. STATE OF MISSOURI, Missouri Court of Appeals, Southern District – SD35415, decided February 11, 2019.