Where a defendant argued that his attorney was ineffective for failing to advise him of a constitutional challenge in his unlawful possession case, the denial of post-conviction relief is affirmed because the defendant did not establish that a motion to dismiss either charge would have been granted at the time of his plea or that there was any authority at that time as a basis for advice that the statute was unconstitutional, so his allegations did not support relief.
Judgment is affirmed.
Dortch v. State (MLW No. 71132/Case No. ED104940 – 5 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Louis City, Neill, J. (Lisa M. Stroup for appellant) (Gregory L. Barnes for respondent).