Hedrick v. State

222 S.W.3d 345, 2007 Mo. App. LEXIS 761, 2007 WL 1470495

Opinion

Order

PER CURIAM.

Richard Hedrick appeals from the motion court’s order overruling, after an evi-dentiary hearing, his Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of counsel. After a jury trial in the Circuit Court of Jackson County, the appellant was convicted of unlawful use of a weapon, in violation of § 571.030, and sentenced, pursuant to § 558.016, as a pri- or and persistent offender to a term of fifteen years in the Missouri Department of Corrections, without the possibility of probation or parole.

The appellant raises one point on appeal. He claims that the motion court clearly erred in denying his Rule 29.15 motion, after an evidentiary hearing, because the findings and conclusions of the motion court, in denying his motion, that he did not receive ineffective assistance of counsel for trial counsel’s failure to present an alibi defense at trial that he was working at the time of the offense of which he was convicted, are clearly erroneous.

We affirm pursuant to Rule 84.16(b).