Missouri Court of Appeals, 2011

Burston v. State

Burston v. State
Missouri Court of Appeals · Decided March 15, 2011 · Cohen, Gaertner, Hoff
333 S.W.3d 541; 2011 Mo. App. LEXIS 354; 2011 WL 900581 (South Western Reporter, Third Series)

Burston v. State

Opinion of the Court

ORDER

PER CURIAM.

Charles Burston (Movant) appeals from the judgment of the Circuit Court of St. Louis County denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant asserts that the motion court clearly erred in denying his claim that he received ineffective assistance of counsel because plea counsel failed to investigate and call alibi witnesses.

We have reviewed the briefs of the parties and the record on appeal and find the motion court’s decision was not clearly erroneous. An extended opinion would have no precedential 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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