# Brown v. State

> Missouri Court of Appeals · July 6, 2010 · 313 S.W.3d 743

URL: https://www.frixlaw.com/law-library/cases/1890608

## Case

- **Full name:** Terry A. BROWN, Appellant, v. STATE of Missouri, Respondent
- **Court:** Missouri Court of Appeals
- **Decided:** July 6, 2010
- **Citations:** 313 S.W.3d 743; 2010 Mo. App. LEXIS 929; 2010 WL 2649838
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Hardwick, Smart, Alokahuja
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1890608

## Opinion text

ORDER
PER CURIAM:
Terry A. Brown appeals the circuit court’s denial, without an evidentiary hearing, of his motion for post-conviction relief pursuant to Supreme Court Rule 24.035. On June 21, 2004, Brown pled guilty to one count of sale of a controlled substance in violation of § 195.211, RSMo. He was sentenced to five years’ imprisonment, with suspended execution of the sentence. On February 21, 2008, the circuit court revoked Brown’s probation and ordered his sentence executed.
*744
On appeal, Brown argues that the motion court clearly erred in rejecting three of his claims of ineffective assistance of counsel: (1) that counsel failed to advise him of the meaning of the requirement that the State prove that he engaged in a “sale” of cocaine, and that the factual basis recited at his guilty plea hearing did not establish that a “sale” occurred; (2) that counsel failed to investigate the potential testimony of Sylvester Spencer, and subpoena Spencer to testify on Brown’s behalf; and (3) that Brown was coerced to plead guilty because counsel was unprepared to try the case. We affirm. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1890608. Public record. Not legal advice.