Missouri Court of Appeals, 2010

Brown v. State

Brown v. State
Missouri Court of Appeals · Decided July 6, 2010 · Hardwick, Smart, Alokahuja
313 S.W.3d 743; 2010 Mo. App. LEXIS 929; 2010 WL 2649838 (South Western Reporter, Third Series)

Brown v. State

Opinion

ORDER

PER CURIAM:

Terry A. Brown appeals the circuit court’s denial, without an evidentiary hearing, of his motion for post-conviction relief pursuant to Supreme Court Rule 24.035. On June 21, 2004, Brown pled guilty to one count of sale of a controlled substance in violation of § 195.211, RSMo. He was sentenced to five years’ imprisonment, with suspended execution of the sentence. On February 21, 2008, the circuit court revoked Brown’s probation and ordered his sentence executed.

*744 On appeal, Brown argues that the motion court clearly erred in rejecting three of his claims of ineffective assistance of counsel: (1) that counsel failed to advise him of the meaning of the requirement that the State prove that he engaged in a “sale” of cocaine, and that the factual basis recited at his guilty plea hearing did not establish that a “sale” occurred; (2) that counsel failed to investigate the potential testimony of Sylvester Spencer, and subpoena Spencer to testify on Brown’s behalf; and (3) that Brown was coerced to plead guilty because counsel was unprepared to try the case. We affirm. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

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