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Traina v. State

Missouri Court of Appeals, Eastern District, Division Three
Feb 22, 2001
37 S.W.3d 802 (Mo. Ct. App. 2001)

Opinion

No. ED77912

December 19, 2000 Motion for Rehearing and/or Transfer to Supreme Court Denied February 22, 2001.

APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY, HONORABLE JAMES R. HARTENBACH.

Gwenda R. Robinson, 1221 Locust, Suite 350, St. Louis, Missouri 63103, for Appellant.

John Munson Morris III, Supreme Court Building, P.O. Box 899, Jefferson City, Missouri 65102, for Respondent.

Before: Gary M. Gaertner, Sr., P.J., Lawrence G. Crahan, J., and George W. Draper, III, J.



ORDER

Alexander Traina appeals from the judgment denying his Rule 24.035 motion for post-conviction relief without a hearing in that: (1) his trial counsel promised him he could successfully raise a jurisdictional claim under the Interstate Agreement on Detainers Act (hereinafter "IADA") after pleading guilty; (2) his trial counsel failed to inform him that by pleading guilty he barred any claim he had based upon the statutory guarantee to a speedy trial under the IADA; and (3) the trial court abused its discretion in overruling his motion to dismiss the charges against him based on the IADA, where he made a good faith effort to invoke its provisions.

We have reviewed the briefs of the parties, the legal file, and the transcripts and find the motion's court decision was not clearly erroneous because trial counsel's failure to object constituted trial strategy. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The judgment is affirmed. Rule 84.16(b).


Summaries of

Traina v. State

Missouri Court of Appeals, Eastern District, Division Three
Feb 22, 2001
37 S.W.3d 802 (Mo. Ct. App. 2001)
Case details for

Traina v. State

Case Details

Full title:ALEXANDER TRAINA, Appellant, v. THE STATE OF MISSOURI, Respondent

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

Date published: Feb 22, 2001

Citations

37 S.W.3d 802 (Mo. Ct. App. 2001)