My name is BLAKE J. Shelton. My inmate number is #1103277. I’m currently housed at Missouri Eastern Correctional Center  18701 Old Hwy. 66   Pacific, Mo  63069.

St. Charles city report 07-004426  Occurred 6-4-2007 at 05:48.

I was charged with action in concert with two others, Brian A. Gasperoni and John D. Johnson in
Violation of 569.020, 562.036 and 562.041. The charge date is April 27, 2009. And my trial dates October 12,13 and 14 of 2010. My jury was told that my codefendants and I face the EXACT Same Crime, EXACT Same Time (10 to 30 or life). At one point, they told them, “The law says a minimum of 10, that they got no deal, that up to life they could get no deal.” They said we ALL THREE WERE EQUAL UNDER THE LAW, NO MATTER THE CIRCUMSTANCES. We are asking that the courts to look at the Case Discrepancies and key facts. We feel strongly that post-conviction relief is justly deserved. The sentence violates constitutional and state law. We want to challenge the prosecutorial misconduct of the district attorney and trial proceedings. 

My sentencing date was January 10, 2011. I got 20 years with a Minimum of 85% required because it’s
called a violent crime.  Yet my Codefendants  got 5 years SIS Probation. Gasperoni got probation in the same court room, SAME DAY, with the same prosecuting attorney. (Philip Groenweghe and Judge Nancy Schneider).

We have transcripts for one of them,  John D. Johnson they say the records about him are closed.  But if you Google BLAKE J. Shelton it shows they both were sentenced with sis probation. Where is the equality in sentencing?  WE ALL THREE was sentenced under Missouri Class A felony, 558.011.1.

The authorized terms of imprisonment,
Including both prison and conditional release, (subsection 1 of 8) states that for that class of felony a term of years NOT LESS than 10 years and not to exceed 30 years, or life Imprisonment.

It isn’t OK to tell the people of the jury that are trying to judge a person’s credibility, that “We’re looking at the same, same, same“  but not tell them the TRUTH. Under STATE SATUE 559.100, Circuit court powers to place on probation or parole. 

Point 1. States in Relevant part: The circuit courts of this state shall have power, herein provided, to place on probation or to parole persons whom are Convicted of ANY OFFENSE over which they have jurisdiction, except Otherwise provided in “States sections that don’t qualify“ 
ONLY one QUALIFIES:  “Sections 571.015 ACA” which is the charge that prosecution dropped against ALL THREE Defendants, so they could get probation for testifying....

YET THE JURY WAS NEVER TOLD under the law that probation Was an option! The laws of the state are written to say what they mean, and MEAN WHAT THEY SAY.

The words “TERM OF IMPRISONMENT” means:  To serve.  Anyone WOULD SAY THAT.  Its stated by our Supreme Court, best in the resent case of “State V. Bazell” 2016, where theywere addressing the primary rules of statutory interpretation, on statute 570.030. Our supreme court says.

”The primary rule of statutory interpretation is to give effect to the plain and ordinary meaning of statutory language if the words are clear, a court can apply the plain meaning of the law. When the meaning of a statute is clear, a court should not employ canons of construction to achieve a desired result.”  

A layman at law would never believe that the wording of statute 558.011 Class A as stated above would legally allow a person no matter the charge to get SIS Probation, have a clear record and be allowed to legally own guns!!!

AFTER what was over charged as ARMED ROBBERY, that’s more to the “no deal” then no deal, that my jury was ever told.

Our laws says a jury is “ENTITLED TO ANY
THING THAT COULD EFFECT A WITNESSES CREDIBILITY.  TRUTH ON PUNISHMENT WILL SURE EFFECT HOW SOMEONE TESTIFIED.”  Thats not even the best part... Missouri 569.160 is burglary in the first degree, the REPORT SHOWS the business was closed with locked doors. In this case, Not one set but two sets of locked doors were broken through BEFORE a janitor was confronted. This by the law is burglary.  Robbery money was what they charged in information was stolen from the business, not the person.     

Webster Dictionary states that Robbery is “the act or practice of robbery especially theft of something FROM A person by use of violence or threat.” 

Webster Dictionary states that Burglary is “FORCIBLE Entry into the building especially at night with the intent to commit a crime (As theft). Mac-23.52 and mai-cr3d
323.52”

THE VINDICTIVE PROSECUTION AND DELIBERATE DECEPTION OF MY JURY OF PEERS IS A VIOLATION OF MY CONSTITUTIONAL RIGHTS! It’s also a violation in the trust of the people that appointed him to see that justice is done.  

A robbery was overcharged to get class A conviction’s, robbery has with it an 85% minimum requirement, but because it is classified a violent crime, how would a person do that on SIS PROBATION?
The rightful charge of burglary has no such requirement with a max of 15 years.

The prosecution set It up for robbery, and didn’t enforce the laws written. THE DISTRICT ATTORNEY USED IT AS A WEAPON in pressuring guilty pleas and testimony.

As stated by lead investigator Gary Drury, “We have no evidence in this case.” 

They Say that you ask the tough questions in Jefferson City, let’s see what they say about the facts and points of law.

Thanks for your time and I hope that this will shine light on how the law is Misused and NOT ENFORCED AS WRITTEN. And yet it’s still hard to get help with appeals. They hide behind time limitations and sealed records so I cannot show the truth:

Sunshine law chapter 610. St. Charles city for Brian A. GASPERONI and John D. Johnson will not have records on them. They are allowed freedom and time with their children and loved ones. 

“Same Crime, Same Time“ was said to my jury, yet no disclosure was made mentioned to my peers.

I’ll never be able to replace the time. The time with my son especially. The time that it took for him to grow, the time with my family and loved ones. TIME PERIOD. 

SO I ASK... WHERE IS THE EQUALITY IN THIS?

Nov.1, 2022:

This is an amazing chance for me to demonstrate the denial of due process and a violation of constitutional rights I've gone through, the published opinion Shelton V. State of Missouri date May-20-2014. it states in part:" The state dismissed the armed criminal action charge, against Mr.Gasperoni and Mr.Johnson and BOTH men pleaded guilty to robbery in the first degree, (PRIOR TO MOVANTS/MY) trial.

The verdict is completely undermined with newly discovered evidence, that I've just uncovered showing that:
1. Mr.Johnson guilty plea dated December-04-2009 is in direct violation of Missouri Supreme court rule 24.02 Misdemeanor and Felonies--Pleas. section (D)-2. Disclosure of plea agreement-- court actions 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. {Do you see that in my case?}

Case number for Mr.Johnson uncovered by ME in 2017 shows on transcript page number 6 (ATTACHED TO MY F/B PAGE) Prosecutor, Philip Groenweghe: states on the record: " Your pleading guilty today without the (BENEFIT OF ANY PLEA AGREEMENT WHATSOEVER)."
Page.6 line 9
The court: Mr.Groenweghe, did you cover count two?
Mr.Groenweghe: We're going to nolle pros count two at sentencing. The (REASON BEING HE WAS NOT THE ONE WHO WENT IN WITH THE GUN). {Yet he charged me action in concert with another, and told the jury it didn't matter what person did what we were all equal under the law.}
The Court: Thank you.

Point #2. New evidence uncovered by ME under the sunshine law request, dated same day as Mr.Gasperoni 23-Aug-2022. Shows that count 2 was not dismissed (PRIOR TO) MY trial or even BEFORE Mr. Johnson was sentenced, on Feb-25-2011.

It's revealed by certified court documents as of 8-29-2022
The filed memorandum of nolle prosequi was not filed until (OCT-23-2014) the day before Mr. Johnson completed probation, judgment and order, filed

Oct-24-2014: The court discharges defendant from probation in this case.

Point 3. This places among some of the violations of Brady and species of Brady violations the fact Mr. Johnson was on probation for the charge of armed criminal action RSMo.571.015 count 2 that's a violation of state law, under which the court even had power to grant probation under RSMo.559.100 in direct violation of the clear and unambiguous language of RSMo.558.011.1. When an order dated in a certified court file: order of probation, dated filed:  Feb-25-2011 shows the order was for the offense of Robbery 1st, ARMED CRIMINAL ACTION...
This shows Mr. Johnson was undoubtedly on probation for a charge the record in my case says was dismissed PRIOR TO MY TRIAL, and the prosecution told my jury was dismissed BEFORE MY TRIAL, when the records show otherwise, this could have been used as impeachment evidence and to attack his credibility as a state key witness.

Equality under our law.