EMRY v. STATE (2021)

ORDER

William Emry appeals the judgment of the Circuit Court of Buchanan County denying his Rule 24.035 motion after an evidentiary hearing. Emry pleaded guilty as a chronic offender to one count of driving while intoxicated and was sentenced to five years in the Missouri Department of Corrections. In his postconviction motion, Emry alleged the State could not have proven he was a “chronic offender,” and that plea counsel was ineffective for failing to advise him as such. Emry also asserted plea counsel was ineffective by affirmatively misadvising him that he would only have to serve two years before being eligible for parole. The motion court denied his claims. Finding no error, we affirm. Because a published opinion would have no precedential value, we have instead provided a memorandum of law to the parties. Rule 84.16(b).

PER CURIAM: