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IN THE MISSOURI COURT OF APPEALS
WESTERN DISTRICT


JARROD A. LILLY,

Appellant,

v.


STATE OF MISSOURI,

Respondent.
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WD74348

OPINION FILED:
August 28, 2012




Appeal from the Circuit Court of Boone County, Missouri
The Honorable Jodie C. Asel, Judge

Before Division Three:  Victor C. Howard, Presiding Judge, and
Karen King Mitchell and Cynthia L. Martin, Judges

Jarrod Lilly appeals the dismissal (without an evidentiary hearing) of his Rule 24.035 motion for post-conviction relief, which sought to vacate his convictions for sexual assault and first-degree robbery.  Finding no error of law, we affirm.
Factual Background
Lilly was originally charged by information in Boone County with six felonies (felonious restraint, forcible rape, forcible sodomy, first-degree burglary, first-degree robbery, and armed criminal action), resulting from actions he took during a home invasion in Columbia, Missouri, on or about September 18, 2007.  Pursuant to a plea agreement, in exchange for Lilly.s guilty
pleas, the State agreed to dismiss all counts except first-degree robbery and to file a substitute information, charging Lilly with only the first-degree robbery count and the reduced charge of sexual assault with recommended concurrent sentences of twenty and seven years imprisonment.  At the plea hearing, Lilly acknowledged understanding the various aspects of a trial that he was relinquishing through entry of his guilty pleas, including the State.s burden of proving his guilt beyond a reasonable doubt and the possibility of acquittal following a jury trial.  Lilly confirmed that he wished to waive his trial rights and proceed with his guilty pleas.  The court discussed the range of punishment on the various charges, and Lilly acknowledged understanding the ranges.  The State then recommended concurrent terms of twenty years imprisonment for first-degree robbery and seven years imprisonment for sexual assault.  Lilly agreed that the State.s recommendation was what he anticipated.  The State laid the following factual basis for the charges: Your Honor, this was something typically referred to as a home invasion/robbery.  The defendant and four other individuals forced their way into a residence that had the victim and several other individuals.  Mr. Lilly had a firearm or

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