Missouri Court of Appeals, 2011

Strother v. State

Strother v. State
Missouri Court of Appeals · Decided July 26, 2011 · Newton, Martin, Witt
343 S.W.3d 771; 2011 Mo. App. LEXIS 980; 2011 WL 3047632 (South Western Reporter, Third Series)

Strother v. State

Opinion

ORDER

PER CURIAM:

Leonard Strother appeals from the motion court’s denial of his Rule 29.15 motion without an evidentiary hearing. Strother claims that the motion court erred in denying his Rule 29.15 motion without an evi-dentiary hearing because Strother pleaded factual allegations which, if proven, would warrant relief and which are not refuted by the record. Strother claims he was prejudiced by his trial counsel’s failure to object to his verdict director for attempted burglary in the first degree because the verdict director omitted an element of the offense when it failed to require the jury to find that a person was present in the structure who was not a participant in the crime. We affirm. Rule 84.16(b).

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