Opinion
No. ED 107470
01-14-2020
Recardo R. GRAHAM, Appellant, v. STATE of Missouri, Respondent.
FOR APPELLANT, Anna C. Moench, Missouri Public Defender’s Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101. FOR RESPONDENT, Shaun J. Mackelprang, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.
FOR APPELLANT, Anna C. Moench, Missouri Public Defender’s Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.
FOR RESPONDENT, Shaun J. Mackelprang, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.
Before Philip M. Hess, P.J., Kurt S. Odenwald, J. and Lisa P. Page, J.
ORDER
PER CURIAM
Recardo R. Graham ("Movant") appeals the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. The State charged Movant as a prior and persistent offender with the class A felony of first-degree assault and armed criminal action after Leodis Tucker ("Victim") was shot outside Victim’s home. A jury found Movant guilty of the lesser-included offense of second-degree assault and of armed criminal action. The trial court sentenced Movant as a prior and persistent offender to two concurrent fifteen-year sentences in the Missouri Department of Corrections. This Court affirmed Movant’s convictions and sentences on direct appeal in State v. Graham , 529 S.W.3d 363 (Mo. App. E.D. 2017). Movant’s sole point on appeal argues the motion court clearly erred in denying his motion because trial counsel was ineffective for failing to request a jury instruction for third-degree assault as a lesser-included offense of the class A felony of first-degree assault.
We have reviewed the briefs of the parties and the record on appeal and find the motion court did not clearly err in denying post-conviction relief. A written opinion would have no precedential value and would serve no jurisprudential purpose. The parties have been furnished with a memorandum, for their information only, setting forth the reasons for our decision.
We affirm the judgment under Missouri Supreme Court Rule 84.16(b)(2) (2018).