BENNETT v. STATE (2021)

Missouri Court of Appeals, Western District.

Amanda Donna BENNETT, Appellant, v. STATE of Missouri, Respondent.

WD 83636

Decided: June 01, 2021

Before Division One: Anthony Rex Gabbert, P.J., Edward R. Ardini, Jr., and Thomas N. Chapman, JJ.

Natalie Hoge, Chilicothe, MO, Counsel for Appellant. Kristen Johnson, Jefferson City, MO, Counsel for Respondent.

ORDER

Amanda Bennett appeals the judgment of the Circuit Court of Buchanan County denying her Rule 24.035 motion for postconviction relief. Bennett argues that the motion court clearly erred in denying her postconviction motion because she was denied effective assistance of counsel. She raises two points on appeal. In her first point, she argues that the motion court erred in finding that she failed to establish a reasonable probability that she would have proceeded to trial in the absence of misinformation by her plea counsel regarding the death penalty as a possible punishment. In her second point, she contends that the motion court erred when it materially misunderstood her claim of ineffective assistance of counsel, which related to counsel's failure to request a finding that her time spent in juvenile custody was for the same conduct as her underlying criminal case. We affirm. Rule 84.16(b).

Per Curiam:

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