Missouri Lawyers Media Missouri legal news and public notices
Criminal Law
Post-Conviction Relief
Lesser-Included Offense
Where a defendant challenged the denial of his motion for post-conviction relief, it was clear from the record that the defendant was not entitled to relief as a matter of law, so a remand would be useless, and the defendant failed to show that but for trial counsel’s errors, there was a reasonable probability that he would have been convicted of the lesser-included offense.
Judgment is affirmed.
Moore v. State (MLW No. 79367/Case No. ED110189 – 7 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, St. Louis City, Stelzer, J. (Damien De Loyola for appellant) (Gregory L. Barnes for respondent).
Sentencing
DWI
Persistent Offender
Where a defendant challenged his conviction for driving while intoxicated, the trial court did not err in sentencing the defendant as a persistent offender because the state proved beyond a reasonable doubt that both of the defendant’s prior convictions were for “driving” and therefore could qualify as intoxicated-related traffic offenses.
Judgment is affirmed.
State v. Golden (MLW No.79368/Case No. ED110113 – 9 pages) (Missouri Court of Appeals, Eastern District, Gardner, J.) Appealed from circuit court, St. Charles County, Pelikan, J. (Samuel E. Buffaloe for appellant) (Garrick F.D. Aplin for respondent).
