Missouri Court of Appeals, 2008

Mullins v. State

Mullins v. State
Missouri Court of Appeals · Decided October 21, 2008 · Odenwald, Norton, Cohen
266 S.W.3d 867; 2008 Mo. App. LEXIS 1418; 2008 WL 4634087 (South Western Reporter, Third Series)

Mullins v. State

Opinion

ORDER

PER CURIAM.

Elton Mullins (“Movant”) appeals from the judgment of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant asserts that the motion court clearly erred in denying his claim that trial counsel provided ineffective assistance of counsel by: (1) failing *868 to request jury instruction MAI-CR 3d 310.10; and (2) failing to submit lesser included offense instructions. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find the trial court’s decision was not clearly erroneous. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision.

We affirm the judgment pursuant to Rule 84.16(b).

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