SIMMS v. STATE (2021)

Order

Larry Simms appeals the denial, following an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. In his three-point appeal, Simms argues that the motion court clearly erred because (1) trial counsel was ineffective for failing to move to dismiss one count on double jeopardy grounds; (2) appellate counsel was ineffective for failing to argue on direct appeal that Simms's conviction on the same count violated double jeopardy; and (3) trial counsel was ineffective for failing both to inform the court that Simms wanted a jury trial and to ask the court to examine Simms on the record in open court about his right to a jury trial. Finding no error, we affirm. Rule 84.16(b).

Per Curiam: