MERGY v. STATE (2024)

Missouri Court of Appeals, Western District.

Zakary MERGY, Appellant, v. STATE of Missouri, Respondent.

WD 85921

Decided: February 27, 2024

Division Three: Mark D. Pfeiffer, Presiding Judge, Gary D. Witt, Chief Judge and W. Douglas Thomson, Judge

Jennifer Hernandez, Kansas City, MO, for Appellant. Kent E. Gipson, Kansas City, MO, Co-Counsel for Appellant. Shaun Mackelprang, Jefferson City, MO, for Respondent.

ORDER

Zakary Mergy (“Mergy”) appeals from the motion court's judgment denying his Rule 29.15 motion after an evidentiary hearing. Mergy raises two points on appeal, claiming in both that the motion court clearly erred because his trial counsel (“Trial Counsel”) was ineffective. First, he argues Trial Counsel was ineffective in failing to object to a verdict director for first-degree murder that did not contain mandatory language concerning the penalty for the offense. Second, he asserts Trial Counsel was ineffective in failing to object to the State's improper argument regarding the element of deliberation during closing argument. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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