JOHNSON v. STATE (2020)

Missouri Court of Appeals, Western District.

Brian C. JOHNSON, Appellant, v. STATE of Missouri, Respondent.

WD 82065

Decided: February 04, 2020

Before Division Four: Karen King Mitchell, Chief Judge, and Gary D. Witt and Edward R. Ardini, Jr., Judges

James Egan, Assistant State Public Defender, Columbia, MO, Attorney for Appellant. Eric S. Schmitt, Attorney General, and Justin Moody, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Brian Johnson appeals, following an evidentiary hearing, the denial of his amended Rule 24.035 motion for post-conviction relief. Johnson raises one point on appeal; he argues that the motion court clearly erred in denying his motion because plea counsel’s failure to refute statements by the prosecutor during Johnson’s sentencing hearing regarding his institutional history constituted ineffective assistance of counsel. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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