Woodson v. State

215 S.W.3d 349, 2007 Mo. App. LEXIS 348, 2007 WL 601407
CourtMissouri Court of Appeals
DecidedFebruary 28, 2007
DocketNo. 27504
StatusPublished
Cited by1 cases

This text of 215 S.W.3d 349 (Woodson 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
Woodson v. State, 215 S.W.3d 349, 2007 Mo. App. LEXIS 348, 2007 WL 601407 (Mo. Ct. App. 2007).

Opinion

PHILLIP R. GARRISON, Judge.

James L. Woodson (“Movant”) appeals the denial of his Rule 29.151 motion for post-conviction relief. Movant alleges that his trial counsel was ineffective in failing to file a written motion for continuance, failing to make a punctual review of the State’s discovery, and failing to suppress a witness identification of Movant. We affirm.

We affirmed Movant’s convictions on direct appeal in State v. Woodson, 140 S.W.3d 621 (Mo.App. S.D.2004). We recite facts from that opinion without further citation.

On August 19, 1999, Shannon Shipman (“Shannon”) and his brother, Anthony Shipman (“Anthony”), stopped at a Citgo gas station (the “gas station”) in Cape Girardeau, Missouri. After Anthony went inside the gas station, Shannon, who was [351]*351waiting in a truck outside, observed Mov-ant enter and heard him yell for everyone to “get on the floor.” Movant threatened everyone inside with what appeared to be a gun, and he had an employee give him money from the cash register, before leaving the building.

Shannon saw Movant come outside, remove his “do-rag,” look to both sides, and then take off running. Shannon, who saw the Movant’s face clearly, called 911 and reported the robbery. Shannon also gave the police a statement the day of the robbery, and he later assisted police in constructing a computerized drawing based on his recollection of Movant’s appearance. Shannon later identified Movant as the robber from a photographic lineup, and at trial.

Shortly after midnight on August 22, 1999, Louis Hogan Jr. (“Hogan Jr.”) and his father, Louis Hogan Sr. (“Hogan Sr.”), were working at a Cape Girardeau Pizza Hut, when Movant, who appeared to have a gun, entered the store and shouted that he wanted everyone down on the ground, and he wanted the money from the cash register. As Hogan Sr. attempted to dial 911, Movant knocked the phone out of his hands and knocked him to the floor. Hogan Jr., who noticed that Movant’s gun was not real, then jumped behind Movant and tried to knock him down. During the altercation, Movant knocked the cash register to the floor, and it came open. Mov-ant grabbed the money from the register and ran out the back door.

Officer Rodney Wayne Barker (“Officer Barker”), who had received a radio call reporting the armed robbery, arrived at the Pizza Hut in “[pjrobably a minute or less.” Upon arrival, Officer Barker saw “two white males that appeared to be Pizza Hut employees lying on the floor.” He also observed “change from the cash register strewn out all over the floor[.j” After calling for backup, Officer Barker heard a noise and saw Movant run from the building. Officer Barker chased Movant across the parking lot, but he eventually lost Movant, after he disappeared over the top of a hill.

Later, Officer Barker discovered a vehicle with the driver’s door ajar in a parking lot behind the Southeast College of Nursing. The keys were in the ignition, and the engine was still warm. There was a pair of tennis shoes on the front floorboard, and what appeared to be a change of clothing in the back seat. The vehicle was impounded and towed to the police department where it was examined. A Missouri driver’s license issued to Movant was found in the glove compartment.

At approximately 3:20 a.m., Movant came to the police department and reported his car had been stolen from the parking lot of the Southeast College of Nursing. Movant said that he parked it there around 11:00 p.m. and found it missing at 2:30 a.m. Movant was permitted to leave the police station following his report.

After reviewing additional evidence, Officer Barker left the station to go to Mov-ant’s residence in an attempt to arrest him. While en route, Officer Barker saw Movant walking down the street, so he stopped his vehicle. Movant approached the vehicle and placed his hands on the hood, but after Officer Barker informed him that he was under arrest for robbery, Movant turned around and ran away. Officer Barker pursued Movant on foot, but was unable to apprehend him.

On August 23, 1999, Officer John Brown received a call from Movant’s sister, who discussed the possibility of Movant coming to the police station. About two hours later, Movant arrived at the station and turned himself in.

[352]*352Movant was charged by amended information as a prior and persistent offender with two counts of robbery in the first degree, violations of Section 569.020. Movant was found guilty on both charges, following a jury trial, and the trial court sentenced him to concurrent terms of thirty years in the department of corrections. Movant’s direct appeal from those convictions was unsuccessful. Woodson, 140 S.W.3d 621. He then filed a pro se motion to vacate, set aside or correct the judgment and sentence, pursuant to Rule 29.15, which was later amended by appointed counsel. After an evidentiary hearing, the motion court entered its judgment and findings of fact and conclusions of law denying Movant’s motion. This appeal followed.

Appellate review of the denial of a Rule 29.15 motion for post-conviction relief is limited to a determination of whether the motion court’s findings of fact and conclusions of law were clearly erroneous. Rule 29.1600; Hill v. State, 160 S.W.3d 855, 857 (Mo.App. S.D.2005). A motion court’s findings are clearly erroneous only if a review of the entire record leaves us with the definite and firm impression that a mistake has been made. Moss v. State, 10 S.W.3d 508, 511 (Mo. banc 2000).

Movant presents two points on appeal. In Movant’s first point, he alleges his trial counsel was ineffective in failing to make a punctual review of the State’s discovery and in making an oral, rather than •written, motion for continuance. Movant maintains that such failures prevented trial counsel from presenting a defense that someone other than Movant was the perpetrator of the crimes. We disagree.

Movant has the burden to prove his claim of ineffective assistance of counsel by a preponderance of the evidence. Rule 29.15(i); Maclin v. State, 184 S.W.3d 103, 107 (Mo.App. S.D.2006). We review whether an attorney provided a criminal defendant with ineffective assistance of counsel under the two-pronged test developed in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Hill, 160 S.W.3d at 857. Under Strickland, Movant must prove that (1) trial counsel failed to exercise the degree of skill, care and diligence of a reasonably competent attorney, and (2) that failure prejudiced Movant. Maclin, 184 S.W.3d at 107. Movant must prove both prongs in order to prevail. Id. at 108. Failure to satisfy either prong reheves the motion court of the necessity of reviewing the other. Hill, 160 S.W.3d at 858.

Prejudice exists where Movant has demonstrated “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland,

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402 S.W.3d 131 (Missouri Court of Appeals, 2013)

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Bluebook (online)
215 S.W.3d 349, 2007 Mo. App. LEXIS 348, 2007 WL 601407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodson-v-state-moctapp-2007.