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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Prejudice

Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Prejudice

Where a defendant in a first-degree murder case argued that she received ineffective assistance of counsel in rejecting the state’s pre-trial plea offer for a 25-year sentence for second-degree murder and instead proceeding to trial, the motion court properly found that the defendant failed to prove that she was prejudiced by trial counsel’s inaccurate advice because it was speculation that the prosecutor would not have discovered his mistake before she had the opportunity to enter her plea, so the judgment is affirmed.

Judgment is affirmed.

Sanders-Ford v. State (MLW No. 74837/Case No. SD36169 – 7 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, McDonald County, Perigo, J. (Mark Allen Grothoff, Columbia, for appellant) (Shaun J. Mackelprang, Jefferson City, for respondent).