Burrage v. State

DANIEL E. SCOTT, Chief Judge.

Dustin Burrage (Movant) was found guilty of second-degree murder and armed criminal action in a bench trial. His convictions were affirmed on direct appeal. State v. Burrage, 258 S.W.3d 560 (Mo.App.2008). His Rule 29.15 1 post-conviction claims were denied after an evidentiary hearing, and his appeal therefrom raises two points. We affirm.

The facts summarized in Burrage, 258 S.W.Bd at 561-63, are not important except as follows: Movant’s trial defense was that he shot the victim accidentally, so he was guilty of involuntary manslaughter, not murder. Movant’s trial…