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SIMS v. STATE (2022)

Missouri Court of Appeals, Western District.

Joshua SIMS, Appellant, v. STATE of Missouri, Respondent.

WD 84627

Decided: September 27, 2022

Before Division Three: Cynthia L. Martin, Presiding Judge, Lisa White Hardwick, Judge, W. Douglas Thomson, Judge

John Gregory Mermelstein, Columbia, MO, for appellant. Dora Fichter, Jefferson City, MO, for respondent.

ORDER

Joshua A. Sims appeals from the denial of his Rule 24.035 1 motion for post-conviction relief after an evidentiary hearing. Sims argues that the motion court committed clear error in denying his motion because his counsel was ineffective when he called a witness to testify at Sims's sentencing hearing whose testimony on cross-examination ultimately aided the State's argument in sentencing. Finding no error, we affirm. Rule 84.16(b).

FOOTNOTES

1.   All references to Rules are to Missouri Court Rules, Volume I -- State, 2019 as applicable at the time Sims filed his Rule 24.035 motion, unless otherwise indicated.

Per curiam:

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SIMS v. STATE (2022)

Docket No: WD 84627

Decided: September 27, 2022

Court: Missouri Court of Appeals, Western District.

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