Craig v. State

410 S.W.3d 728, 2013 WL 5525735, 2013 Mo. App. LEXIS 1173
CourtMissouri Court of Appeals
DecidedOctober 8, 2013
DocketNo. WD 75395
StatusPublished
Cited by1 cases

This text of 410 S.W.3d 728 (Craig v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craig v. State, 410 S.W.3d 728, 2013 WL 5525735, 2013 Mo. App. LEXIS 1173 (Mo. Ct. App. 2013).

Opinion

ANTHONY REX GABBERT, Judge.

Antwoin M. Craig appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. In the underlying case, a jury found Craig guilty of one count of first-degree burglary. He was sentenced as a persistent offender to a prison term of fifteen years. Craig appealed his conviction and this court affirmed in State v. Craig, 338 S.W.3d 862 (Mo.App.2011). On July 1, 2011, Craig filed a pro se Rule 29.15 motion for post-conviction relief. On October 17, 2011, appointed counsel filed an amended motion. An evidentiary hearing was held on February 23, 2012. On March 12, 2012, the circuit court issued its corrected findings of fact and conclusions of law denying Craig’s motion. In his post-conviction appeal, Craig asserts that the circuit court clearly erred in denying his post-conviction relief motion because his trial counsel was ineffective. He argues that his trial counsel should have objected to irrelevant and prejudicial “victim impact [731]*731type of testimony and argument about how the neighbors felt terrorized by the crime.” Additionally, Craig asserts that his trial counsel failed to adequately address inconsistencies in witness statements and otherwise impeach the State’s witnesses. We affirm.

The facts, viewed in the light most favorable to the verdict, are as follows: On April 18, 2008, Craig contacted his friend Seneca Harrison and discussed a plan to invade the home of Nolan Swartz. Harrison then transported his cousin, Anthony Jackson, and a juvenile to St. Joseph to meet up with Craig. After meeting, the men headed toward Swartz’s home in two separate cars. At that time, Matt Stocking, his girlfriend Amy Carroll, and Jordan Conard were all inside Swartz’s home. Conard, a friend of Swartz, had just recently arrived at the home to accompany Swartz to a local gym. When Swartz arrived home a few minutes later, he saw three males sitting in a red car across the street. The men stared at him, then drove off.

As Conard and Swartz were leaving, Harrison, Jackson, and the juvenile ran up to Conard and Harrison pulled a gun. One of the three men asked Conard, “Where are the goods at?” Harrison placed a pistol on Conard’s chest and directed him to get on the porch of the house. When Conard complied, he was instructed to open the door. Thereafter, a series of events ensued that involved Harrison firing his gun at the door, the men kicking in the door, and once inside, the juvenile repeatedly shooting a gun into the ceiling of the residence before shooting the windows of the home out. Before leaving the home, Harrison, Jackson, and the juvenile took several items. After leaving the home, one of them fired back toward the house with an assault rifle.

Soon thereafter, Jackson, Harrison, the juvenile, and Craig met each other at a nearby Burger King restaurant. Harrison told the others that they needed to go back to retrieve his car keys as he had lost them. Craig drove Harrison, Jackson, and the juvenile back to within a block of the house and dropped them off. Eventually, Harrison, Jackson, and the juvenile were arrested and charged with the home invasion. Craig was later arrested when his involvement in the crime became evident.

Our review of the denial of a Rule 29.15 motion is limited to determining whether or not the circuit court’s findings and conclusions are clearly erroneous. Rule 29.15(k). We presume that the circuit court’s findings of fact and conclusions of law are correct. Edwards v. State, 200 S.W.3d 500, 509 (Mo. banc 2006). “Findings and conclusions are clearly erroneous only if a full review of the record definitely and firmly reveals that a mistake was made.” Id. (internal quotation and citation omitted.)

To prove ineffective assistance of counsel, Craig must meet the test set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Gennetten v. State, 96 S.W.3d 143, 147 (Mo.App.2003). Under Strickland, Craig must establish that (1) his counsel failed to exercise the skill and diligence of a reasonably competent attorney under similar circumstances, and (2) that his counsel’s deficient performance prejudiced him. Id. at 147-148; Johnson v. State, 333 S.W.3d 459, 463 (Mo. banc 2011). “Should a mov-ant fail to satisfy either element, the appellate court on review need not consider the other.” Slater v. State, 147 S.W.3d 97, 101 (Mo.App.2004). “To demonstrate prejudice, a movant must show that, but for counsel’s poor performance, there is a reasonable probability that the outcome of the court proceeding would have been differ[732]*732ent.” Williams v. State, 386 S.W.3d 750, 753 (Mo. banc 2012) (internal quotations and citations omitted). We presume that counsel acted professionally and that counsel’s actions were based on sound trial strategy. Id. To overcome this presumption, Craig must prove his claim for relief by a preponderance of the evidence. Rule 29.15(i); Brock v. State, 242 S.W.3d 430, 433 (Mo.App.2007).

In Craig’s first point on appeal, he asserts that the circuit court clearly erred in denying his post-conviction relief motion because his trial counsel was ineffective for failing to object to “victim impact type of evidence and argument.” He argues that, beginning with opening statements and continuing through trial and argument to the jury, the prosecutor commented on and elicited testimony concerning the impact of the crime on the neighbors. Craig argues that trial counsel should have objected to the evidence and argument because it was irrelevant and prejudicial, and there is a reasonable probability that the outcome of the trial would have been different had counsel done so.

Craig alleges that in opening statements the prosecutor made numerous references to the neighborhood being “terrorized” by the burglary. He states that at trial, neighbors who witnessed the crime, or were home at the time of the crime, testified that the neighborhood in which the crime took place was usually quiet and the incident “shattered [their] piece of mind.” Neighbors testified that during the crime they were scared, frightened it might happen again, and it caused them to fear for the safety of their children. Craig contends that such argument and testimony had little probative value and was irrelevant, inadmissible, and prejudicial.

During Craig’s post-conviction evidentia-ry hearing, Craig’s trial counsel testified that he heard the prosecutor’s opening statement and testimony from neighbors about the fact that the shooting occurred in a quiet neighborhood and that the neighbors felt “terrorized.” Counsel was asked if he believed that the evidence or argument was objectionable. Counsel responded:

I think if there had been more of it, it would have been objectionable. I believe that it was able to be mentioned as little as it was because, quite frankly, it is a quiet — a fairly quiet town.

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410 S.W.3d 728, 2013 WL 5525735, 2013 Mo. App. LEXIS 1173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-state-moctapp-2013.