Cole v. State

Full title: Jerry L. COLE, Appellant, v. STATE of Missouri, Respondent.

Court: Missouri Court of Appeals, Eastern District, DIVISION TWO.

Date published: Mar 20, 2018

541 S.W.3d 714 (Mo. Ct. App. 2018)

Opinion

No. ED 105406

03-20-2018

Jerry L. COLE, Appellant, v. STATE of Missouri, Respondent.

FOR APPELLANT: Samuel E Buffaloe, Missouri Public Defender's Office, 1000 West Nifong, Building 7, Suite 100, Columbia, Missouri 65203. FOR RESPONDENT: Shaun J. Mackelprang, PO Box 899, Jefferson City, Missouri 65102.

PER CURIAM.

FOR APPELLANT: Samuel E Buffaloe, Missouri Public Defender's Office, 1000 West Nifong, Building 7, Suite 100, Columbia, Missouri 65203.

FOR RESPONDENT: Shaun J. Mackelprang, PO Box 899, Jefferson City, Missouri 65102.

Before Lisa P. Page, P.J., Roy L. Richter, J. and Philip M. Hess, J.

ORDER

PER CURIAMJerry Cole ("Movant") appeals the judgment of the Circuit Court of Montgomery County denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. His sole point on appeal is the motion court erred in denying his Rule 29.15 motion because his trial counsel was ineffective for failing to request a jury instruction for a lesser-included offense. Finding no error, we affirm.

An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).