Missouri Court of Appeals, 2011

Bell v. State

Bell v. State
Missouri Court of Appeals · Decided June 14, 2011 · Gaertner, Hoff, Cohen
342 S.W.3d 445; 2011 Mo. App. LEXIS 821; 2011 WL 2341241 (South Western Reporter, Third Series)

Bell v. State

Opinion

ORDER

PER CURIAM.

Percy Bell (Movant) appeals from the judgment of the Circuit Court of St. Louis County denying his Rule 29.15 motion for post-conviction relief. Movant argues that the motion court clearly erred in denying, without an evidentiary hearing, his claims that trial counsel was ineffective for failing to: (1) call M.C. and J.M. as potential witnesses; (2) communicate with Movant prior to trial resulting in a “complete communication breakdown” at the trial; and (8) call Movant to testify at trial in his defense after he indicated a desire to do so at the end of the State’s case. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find the motion court’s decision to deny Movant’s Rule 29.15 motion without an evidentiary hearing was not clearly erroneous. An extended opinion would have no prece-dential 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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