WHITEHEAD v. STATE (2021)

Missouri Court of Appeals, Western District.

Dennis Carl WHITEHEAD, Appellant, v. STATE of Missouri, Respondent.

WD 84188

Decided: December 21, 2021

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Gary D. Witt, Judge, Anthony Rex Gabbert, Judge

Christian Lehmberg, Columbia, MO, Counsel for Appellant. Karen L. Kramer, Jefferson City, MO, Counsel for Respondent.

ORDER

Dennis Carl Whitehead appeals the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. He contends that the circuit court clearly erred in denying his claim of ineffective assistance of counsel arguing that, prior to his plea hearing, plea counsel failed to explain that “oppose” meant the State opposed both probation and treatment. When Whitehead learned that, contrary to his understanding, the State would oppose treatment, Whitehead raised the issue with plea counsel who failed to take corrective action. He claims that he was prejudiced by counsel's alleged ineffectiveness. We affirm. Rule 84.16(b).

Per Curiam:

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