TOESE v. STATE (2025)

Missouri Court of Appeals, Western District.

Toese P. TOESE, Appellant, v. STATE of Missouri, Respondent.

WD 87434

Decided: December 16, 2025

Before Division One: Gary D. Witt, P.J., and and Alok Ahuja and Karen King Mitchell, JJ.

Katharine P. Curry, Columbia, for Appellant, Daniel N. McPherson, Jefferson City, for Respondent.

ORDER

Following a bench trial in the Circuit Court of Lafayette County, Toese P. Toese was convicted of domestic assault in the second degree; domestic assault in the third degree; three counts of domestic assault in the fourth degree; and tampering with a victim. After this Court affirmed Toese's convictions on direct appeal, he filed a motion for postconviction relief pursuant to Supreme Court Rule 29.15. The circuit court denied relief following an evidentiary hearing. Toese appeals. He makes a single argument: that his trial counsel provided ineffective assistance by incorrectly advising Toese that he would not be eligible for probation on certain of the charged offenses, which purportedly led Toese to reject a favorable plea offer. We affirm. Because a published opinion would have no precedential value, we have provided the parties with an unpublished memorandum setting forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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