McCrary v. State

Missouri Court of Appeals

McCrary v. State

372 S.W.3d 541, 2012 WL 1165685, 2012 Mo. App. LEXIS 489

Missouri Court of Appeals·Decided April 10, 2012·No. No. WD 73318·Published

Opinion

ORDER

PER CURIAM:

Stephen McCrary appeals the circuit court’s denial of his Rule 29.15 motion for post-conviction relief following his conviction of first-degree robbery. McCrary claims that his attorney provided ineffective assistance by requesting a trial continuance without consulting him; by failing to advise McCrary of his right to testify, and to follow McCrary’s wishes as to whether to testify; and by failing to request a lesser-included offense instruction. We affirm. Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

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ORDER

PER CURIAM:

Stephen McCrary appeals the circuit court’s denial of his Rule 29.15 motion for post-conviction relief following his conviction of first-degree robbery. McCrary claims that his attorney provided ineffective assistance by requesting a trial continuance without consulting him; by failing to advise McCrary of his right to testify, and to follow McCrary’s wishes as to whether to testify; and by failing to request a lesser-included offense instruction. We affirm. Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

McCrary v. State, 372 S.W.3d 541, 2012 WL 1165685, 2012 Mo. App. LEXIS 489 (Mo. Ct. App. 2012).

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