CARTER v. STATE (2019)

Missouri Court of Appeals, Western District.

Bryan S. CARTER, Appellant, v. STATE of Missouri, Respondent.

WD 82074

Decided: November 05, 2019

Before Division Four: Karen King Mitchell, Chief Judge, and Gary D. Witt and Anthony Rex Gabbert, Judges

Carol D. Jansen, Assistant State Public Defender, Columbia, MO, Attorney for Appellant. Eric S. Schmitt, Attorney General, and Julia A. Rives, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Bryan Carter appeals, following an evidentiary hearing, the denial of his Rule 24.035 motion for post-conviction relief. Carter raises two points on appeal. First, he argues that the motion court clearly erred in failing to appoint new counsel after finding that post-conviction counsel had abandoned Carter by filing his amended motion out of time. Second, he claims that the motion court clearly erred in denying his amended motion because plea counsel’s failure to present mitigating evidence at his sentencing hearing constituted ineffective assistance of counsel. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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