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Case Number: WD84079
Judge: Divison Three: Lisa White Hardwick, Presiding Judge, Gary D. Witt, Judge, Edward R. Ardini, Jr., Judge
Court: Missouri Court of Appeals, Western District on appeal from the Circuit Court, Harrison County
Plaintiff's Attorney: Harrison County Prosecutor's Office
Description: Betheny, Missouri criminal Defense lawyer represented Defendant charged with attempted first-degree assault, second-degree burglary and second degree property damage.
Christopher Michael King ("King") appeals the judgment of the Circuit Court of Harrison County, Missouri ("motion court"), denying, without an evidentiary hearing, his motion for post-conviction relief pursuant to Rule 29.15. On appeal, King claims that the motion court erred in: (1) denying, without an evidentiary hearing, King's claim that his trial counsel was ineffective in failing to request a verdict directing instruction for the lesser-included offense of attempted assault in the second degree, because there is a reasonable probability that the jury would have convicted him on the lesser charge; (2) denying, without an evidentiary hearing, King's claim that his trial counsel was ineffective in failing to object to the court's verdict directing instruction for attempted assault in the first degree under section 562.012; and (3) denying, without an evidentiary hearing, his claim that the sentencing court was under the mistaken impression that King would not have to serve 85 percent of his sentence.