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Criminal Law: Robbery-Ineffective Assistance of Plea Counsel
Staff Report//February 21, 2020//
Defendant appealed from the denial of his motion to set aside his convictions for robbery and armed criminal action. Defendant alleged ineffective assistance of plea counsel in failing to act as intermediary in plea negotiations and in representing defendant under an actual conflict of interest. The trial court denied defendant’s motion, finding that he had failed to show that his counsel failed to negotiate a better plea deal or had a conflict of interest that adversely impacted defendant’s case.
Where there was no evidence defendant’s counsel failed to convey his counteroffers to the prosecution and where counsel immediately withdrew upon discovering that he represented both defendant and one of his alleged victims, there was no prejudicial ineffective assistance of counsel.
Judgment is affirmed.
Cook v. State (MLW No. 74524/Case No. SD35979 – 12 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Taney County, Johnson, J. (Tyler Patrick Cole, Columbia, for appellant) (Shaun J. Mackelprang, Jefferson City, for respondent)
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