Missouri Court of Appeals, 2002

Wagner v. State

Wagner v. State
Missouri Court of Appeals · Decided December 10, 2002 · Breckenridge, Holliger, Howard
91 S.W.3d 695; 2002 Mo. App. LEXIS 2354; 2002 WL 31747439 (South Western Reporter, Third Series)

Wagner v. State

Opinion of the Court

ORDER

PER CURIAM.

Larry Wagner appeals the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. Mr. Wagner filed the Rule 24.035 motion after he pled guilty to the class A felony of second degree murder, § 565.021, RSMo 2000, and to the class C felony of assault in the second degree, § 565.060, RSMo 2000. On appeal, Mr. Wagner argues that his plea was not made knowingly, voluntarily, and intelligently because his counsel did not inform him that a jury could convict him of a lesser offense. This court finds that Mr. Wagner’s guilty plea was voluntary because, contrary to his claim, his counsel had no duty to inform him that a jury could convict him of a lesser offense. Since a published opinion would have no precedential value, a memorandum has been provided to the parties.

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

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