Missouri Court of Appeals, 2009

Crews v. State

Crews v. State
Missouri Court of Appeals · Decided June 9, 2009 · Crane, Hoff, Romines
292 S.W.3d 351; 2009 Mo. App. LEXIS 788; 2009 WL 1590853 (South Western Reporter, Third Series)

Crews v. State

Opinion

ORDER

PER CURIAM.

Jonathan Crews appeals the judgment of the Circuit Court of St. Francois County, the Honorable Kenneth W. Pratte presiding, denying his motion for post-conviction relief. Crews was convicted of committing violence against a correctional employee, § 217.385 RSMo. (2000), and his conviction was affirmed on appeal by this Court in State v. Crews, 239 S.W.3d 140 (Mo.App. E.D. 2007). He filed a motion to vacate the judgment and sentence under Rule 29.15, and the motion court denied his motion without an evidentiary hearing. On appeal, Crews argues the motion court erred in denying two claims of ineffective assistance of counsel: (1) trial counsel failed to request an instruction for assault in the third degree, which Crews argues was a lesser-included offense; and (2) appellate counsel failed to challenge the sufficiency of the evidence at trial.

We have reviewed the briefs and the record on appeal, and no error of law appears. Thus, a written opinion would have no precedential value. The judgment is affirmed pursuant to Rule 84.16(b).

AFFIRMED.

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