David A. McNeal v. State of Missouri

David McNeal appeals the circuit court’s judgment denying his motion for post-conviction relief, which followed his convictions for second-degree burglary and stealing. McNeal argues his trial counsel was ineffective for failing to request an instruction on the lesser-included offense of trespass. The circuit court’s judgment is affirmed.

Factual and Procedural History

In May 2008, two men were installing floors in vacant apartment 510 in a St. Louis apartment complex. At the same time, McNeal was visiting his son’s mother in apartment 511. While there, he decided to go to apartment 510 to…