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Boyd v. State

Missouri Court of Appeals, Eastern District, Division Three
Dec 23, 2003
120 S.W.3d 759 (Mo. Ct. App. 2003)

Opinion

No. ED 81282

September 16, 2003 Motion for Rehearing and/or Transfer to Supreme Court Denied November 13, 2003. Application for Transfer Denied December 23, 2003.

Appeal from the Circuit Court of St. Charles County, Honorable Nancy L. Schneider.

William J. Ekiss, St. Louis, Missouri, for appellant.

Jeremiah W. (Jay) Nixon, Linda Lemke, Jefferson City, Missouri, for respondent.

Before Mary R. Russell, P.J., Clifford H. Ahrens, J., and Booker T. Shaw, J.



ORDER


Terry Boyd ("Boyd") appeals from the motion court's judgment denying his post-conviction motion without an evidentiary hearing. Boyd raises two points on appeal. In his first point, Boyd argues the motion court erred in denying his Rule 29.15 motion because his trial counsel was ineffective for withdrawing his motion for a continuance and proceeding with trial. In his second point, Boyd argues the motion court clearly erred in denying his Rule 29.15 motion without entering findings of fact and conclusions of law on all allegations contained in the amended motion in violation of Rule 29.15(j).

We have reviewed the briefs of the parties and the record on appeal. The motion court's findings of fact and conclusions of law are not clearly erroneous pursuant to Rules 29.15(k). No precedential or jurisprudential purpose would be served by an opinion reciting the detailed facts and restating the principles of law. The judgment is affirmed pursuant to Rule 84.16(b). The parties have been provided with a memorandum for their information only, setting forth the reasons for this order affirming the judgment.


Summaries of

Boyd v. State

Missouri Court of Appeals, Eastern District, Division Three
Dec 23, 2003
120 S.W.3d 759 (Mo. Ct. App. 2003)
Case details for

Boyd v. State

Case Details

Full title:TERRY BOYD, Appellant, v. STATE OF MISSOURI, Respondent

Court:Missouri Court of Appeals, Eastern District, Division Three

Date published: Dec 23, 2003

Citations

120 S.W.3d 759 (Mo. Ct. App. 2003)