Where a defendant challenged the denial of post-conviction relief arguing that his counsel was ineffective for failing to move to replace a juror whom the court observed was struggling to stay awake, the defendant did not show that the juror actually slept, and the defendant did not show that a motion to remove the juror would have been meritorious.
Judgment is affirmed.
Flores v. State (MLW No. 70487/Case No. WD79469 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Appealed from circuit court, Clay County, Harman, J. (Gwenda Robinson, St. Louis, for appellant) (Daniel McPherson, Jefferson City, for respondent).