Missouri Court of Appeals, 2012

Muhammad v. State

Muhammad v. State
Missouri Court of Appeals · Decided November 20, 2012 · Ellis, Newton, Witt
385 S.W.3d 525; 2012 Mo. App. LEXIS 1477; 2012 WL 5864037 (South Western Reporter, Third Series)

Muhammad v. State

Opinion of the Court

ORDER

PER CURIAM:

Shahim Muhammad (“Muhammad”) appeals from the denial, after an evidentiary hearing, of a Rule 24.035 post-conviction relief motion seeking to set aside a fifteen-*526year sentence for robbery in the second degree under section 569.030. Muhammad argues that his trial counsel failed to submit mitigation evidence at sentencing concerning his mental health history and that had the evidence been presented, there is at least a reasonable probability that Muhammad would have received a lesser sentence.

Because the findings and the conclusions of the motion court, which denied Muhammad’s post-conviction relief motion, are not clearly erroneous, we affirm. Rule 84.16(b). A memorandum setting forth the reasons for this order has been provided to the parties.

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