Benford v. State

JEFFREY W. BATES, Judge.

Terry Benford (Benford) appeals from an order denying his Rule 24.035 motion to set aside his conviction for second-degree assault of a law enforcement officer. See § 565.082. 1 Because the motion court’s decision to deny relief without an evidentiary hearing was not clearly erroneous, we affirm.

I. Factual and Procedural History

In January 2009, Benford was charged as a prior and persistent offender with three felonies: the class C felony of attempt to commit burglary in the first degree (Count I); the class C felony of assault of a law enforcement officer in the second…