ANDREW McGEE v. STATE OF MISSOURI (2011)

Missouri Court of Appeals, Western District.

ANDREW M. McGEE, Appellant, v. STATE OF MISSOURI, Respondent.

WD73004

Decided: December 27, 2011

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Victor C. Howard, Judge and Cynthia L. Martin, Judge

Frederick J. Ernst, Kansas City, MO, for appellant. Shaun J. Mackelprang, Jefferson City, MO, for respondent.

ORDER

Andrew McGee appeals from the motion court's judgment denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. McGee contends that the motion court clearly erred in denying his motion because: (1) trial counsel failed to submit mitigation evidence at McGee's sentencing hearing; and (2) trial counsel failed to object to the State's argument of facts outside the record during the sentencing hearing. We affirm. Rule 84.16(b).

The Honorable Abe Shafer IV, Judge

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