Opinion

Brown v. State

  • 520 S.W.3d 523
  • 2017 Mo. App. LEXIS 563
  • 2017 WL 2544773
Court
Missouri Court of Appeals
Filed
Jun 13, 2017
Status
Published
On the bench
Amburg, Dowd, Quigless
Cited by
0 cases

The opinion

ORDER

PER CURIAM.

Demetrius Alan Brown (“Movant”) appeals from the motion court’s judgment denying his Rule 29.15 1 motion for post-conviction relief following an evidentiary hearing. Movant argues the motion court erred in denying his request for post-conviction relief because trial counsel was ineffective for failing to call a witness, and the trial court erroneously enhanced his stealing offense from a misdemeanor to a felony. Movant raises two points on appeal. In Point I, Movant argues the motion court clearly erred in denying his Rule 29.15 motion for post-conviction relief because trial counsel was ineffective for failing to call his mother as an alibi witness. In Point II, Movant argues the motion court clearly erred in denying his Rule 29.15 motion for post-conviction relief because the trial court erroneously enhanced his conviction for stealing a credit card from a misdemeanor to a felony and sentenced him to a term of imprisonment that exceeds the maximum punishment permissible by law.

We have reviewed the briefs of the parties and the record on appeal and find the claim of error to be without merit. 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).

. All rule references are to Missouri Supreme Court Rules (2016), unless otherwise indicated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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