GAUCH v. State

Missouri Court of Appeals

GAUCH v. State

249 S.W.3d 919, 2008 Mo. App. LEXIS 522, 2008 WL 1722731

CourtMissouri Court of Appeals

DecidedApril 15, 2008

DocketED 89978

StatusPublished

This text of 249 S.W.3d 919 (GAUCH 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

GAUCH v. State, 249 S.W.3d 919, 2008 Mo. App. LEXIS 522, 2008 WL 1722731 (Mo. Ct. App. 2008).

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Opinion

MEMORANDUM DECISION

PER CURIAM.

Appellant William Gauch (“Gauch”) appeals from the judgment of the Circuit Court of Marion County, the Honorable Robert M. Clayton presiding. At trial a jury convicted Gauch of possession of methamphetamine and attempt to manufacture methamphetamine. The court sentenced Gauch, as a prior and persistent offender, to two concurrent sentences of twelve years in the Missouri Department of Corrections. This Court affirmed the conviction on 1 November 2005. State v. Gauch, 175 S.W.3d 184 (Mo.App. E.D.2005). Gauch filed a timely motion for post-conviction relief under Missouri Supreme Court Rule 29.15, which the motion court denied.

On appeal, Gauch brings one claim of ineffective assistance of counsel, arguing that both trial counsel and appellate counsel were ineffective for failing to challenge a verdict-directing instruction as not properly supported by the evidence, and that said error prejudiced Gauch.

We have thoroughly reviewed the record and the briefs of the parties and no error of law appears. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b).

AFFIRMED.

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MEMORANDUM DECISION

PER CURIAM.

Appellant William Gauch (“Gauch”) appeals from the judgment of the Circuit Court of Marion County, the Honorable Robert M. Clayton presiding. At trial a jury convicted Gauch of possession of methamphetamine and attempt to manufacture methamphetamine. The court sentenced Gauch, as a prior and persistent offender, to two concurrent sentences of twelve years in the Missouri Department of Corrections. This Court affirmed the conviction on 1 November 2005. State v. Gauch, 175 S.W.3d 184 (Mo.App. E.D.2005). Gauch filed a timely motion for post-conviction relief under Missouri Supreme Court Rule 29.15, which the motion court denied.

On appeal, Gauch brings one claim of ineffective assistance of counsel, arguing that both trial counsel and appellate counsel were ineffective for failing to challenge a verdict-directing instruction as not properly supported by the evidence, and that said error prejudiced Gauch.

We have thoroughly reviewed the record and the briefs of the parties and no error of law appears. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b).

AFFIRMED.

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Bluebook (online)

249 S.W.3d 919, 2008 Mo. App. LEXIS 522, 2008 WL 1722731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gauch-v-state-moctapp-2008.

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