BJORGO v. STATE (2021)

Missouri Court of Appeals, Western District.

Richard BJORGO, Appellant, v. STATE of Missouri, Respondent.

WD 84055

Decided: December 21, 2021

Division Three: Edward R. Ardini, Jr., Presiding Judge, Mark D. Pfeiffer, Judge and W. Douglas Thomson, Judge

Jeffrey C. Esparza, for Appellant. Julia E. Rives, for Respondent.

ORDER

Richard Bjorgo appeals from the judgment of the Circuit Court of Clay County denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. In his sole point on appeal, Bjorgo claims the motion court erred in denying his Rule 29.15 motion because trial counsel was ineffective in failing to file a motion to suppress Bjorgo's statement to law enforcement as it was involuntarily given in response to an implicit promise of leniency. Bjorgo claims that but for trial counsel's deficient performance, there is a reasonable probability that Bjorgo would not have been convicted of the offense of attempted sexual abuse in the first degree. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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