SMITH v. STATE (2018)

Missouri Court of Appeals, Western District.

Kevin D. SMITH, Appellant, v. STATE of Missouri, Respondent.

WD 80764

Decided: July 31, 2018

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Lisa White Hardwick and Edward R. Ardini, Jr., Judges

Susan L. Hogan, Kansas City for appellant. Daniel N. McPherson, Jefferson City for respondent.

Order

Kevin Smith appeals from the judgment denying his Rule 29.15 motion after he was convicted of second-degree assault. Smith contends the motion court clearly erred in finding that he was not prejudiced by defense counsel’s failure to offer the victim’s prior inconsistent statements into evidence. Upon review of the briefs and the record, we find no error and affirm the post-conviction judgment. The parties have been provided with a Memorandum explaining the reasons for our decision, because a published opinion would have no precedential value.

AFFIRMED. Rule 84.16(b)

Per Curiam

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