Opinion
No. ED76008
February 15, 2000 Motion for Rehearing and/or Transfer Denied: March 27, 2000. Application for Transfer Denied: May 30, 2000.
Appeal from the Circuit Court of St. Louis City, Honorable Joan M. Burger
Dave Hemingway, 1139 Olive, Suite 200, St. Louis, Missouri 63101, Attorney for Appellant.
Jeremiah W. (Jay) Nixon, Andrea L. Mazza, Office of the Attorney General, P.O. Box 899, Jefferson City, Missouri 65102, Attorney for Respondent.
Before: Richard B. Teitelman, P.J., Clifford H. Ahrens, J., and Lawrence E. Mooney, J.
ORDER
Philip Smith (Movant) appeals from the judgment denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant contends the motion court erred in denying his claims that: (1) his guilty plea was uninformed and involuntary because neither counsel nor the court advised him of the applicable 40% minimum prison term he would be required to serve pursuant to Section 558.019 RSMo 1994; and (2) his counsel was ineffective, and his plea was rendered uninformed and involuntary, in that counsel failed to seek a mental evaluation based on Movant's history of schizophrenia to investigate his capacity to understand the proceedings and a possible defense of mental defect.
We have reviewed the briefs of the parties and record on appeal, and we conclude that the motion court's determination is not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b).