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Larry D. SIMMS, Appellant, v. STATE of Missouri, Respondent.
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:
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Docket No: WD 83981
Decided: September 14, 2021
Court: Missouri Court of Appeals, Western District.
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