CARTER v. STATE (2021)

Missouri Court of Appeals, Western District.

Jeremy R. CARTER, Appellant, v. STATE of Missouri, Respondent.

WD 83390

Decided: January 05, 2021

Before Division Two: Lisa White Hardwick, Presiding Judge, and Thomas H. Newton and Karen King Mitchell, Judges

Jeannie Willibey, Assistant Appellate Defender, Kansas City, MO, Attorney for Appellant. Eric S. Schmitt, Attorney General, and Richard A. Starnes, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Jeremy Carter appeals, following an evidentiary hearing, the denial of his Rule 29.15 motion for post-conviction relief. Carter raises one point on appeal; he argues that the motion court erred in denying his Rule 29.15 motion because trial counsel was ineffective for failing to object, renew an earlier motion to sever, or request a mistrial when the prosecutor made a modus operandi argument during closing to compensate for the fact that the State was otherwise unable to prove beyond a reasonable doubt that Carter was involved in the second of two charged robberies. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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