Missouri Court of Appeals, 2016

Pennell v. State

Pennell v. State
Missouri Court of Appeals · Decided March 29, 2016 · Dowd, Mooney, Sullivan
485 S.W.3d 392; 2016 Mo. App. LEXIS 290; 2016 WL 1221733 (South Western Reporter, Third Series)

Pennell v. State

Opinion of the Court

ORDER

PER CURIAM

Michael M. Pennell appeals the denial of his motion for post-conviction relief following an evidentiary, hearing. Pennell alleges two claims of ineffective assistance of counsel: 1) appellate counsel failed to argue that there was insufficient evidence to establish that what he delivered was a controlled substance; and 2) trial counsel was ineffective by eliciting evidence regarding the police’s investigation into Pen-nell prior to his arrest in the' underlying criminal case. Finding no clear error, we affirm.

The judgment of the trial court is based on findings of fact that are- not clearly erroneous. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).

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