Missouri Court of Appeals, 2002

Luster v. State

Luster v. State
Missouri Court of Appeals · Decided March 5, 2002 · Breckenridge, Howard, Newton
75 S.W.3d 746; 2002 Mo. App. LEXIS 407; 2002 WL 337776 (South Western Reporter, Third Series)

Luster v. State

Opinion of the Court

ORDER

PER CURIAM.

David E. Luster appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. On appeal, Mr. Luster claims that he was denied effective assistance of counsel because his trial counsel waived his right to a jury trial without his informed consent and, in fact, his trial counsel failed to advise him of his right to a jury trial. The evidence supports the motion court’s finding that Mr. Luster’s trial counsel advised Mr. Luster about his right to a jury trial and Mr. Luster knowingly, voluntarily and intelligently waived this right. Since a published opinion would have no prece-dential value, a memorandum has been provided to the parties.

*747The judgment of the motion court is affirmed. Rule 84.16(b).

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