Missouri Court of Appeals, 2011

Dwyer v. State

Dwyer v. State
Missouri Court of Appeals · Decided March 29, 2011 · Ellis, Ahuja, Mitchell
334 S.W.3d 926; 2011 Mo. App. LEXIS 411; 2011 WL 1118518 (South Western Reporter, Third Series)

Dwyer v. State

Opinion

ORDER

PER CURIAM.

Appellant Daniel W. Dwyer appeals the Buchanan County Circuit Court’s denial of his motion for post-conviction relief under Supreme Court Rule 29.15 following an evidentiary hearing. Dwyer’s single claim on appeal is that his trial attorney did not effectively represent him when counsel failed to file a motion to dismiss for prose-cutorial vindictiveness after the State upgraded the charges against Dwyer on three different occasions prior to trial. We affirm. Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

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