Yarberry v. State

Tommy R. Yarberry (“Yarberry”) appeals the motion court’s denial of his Rule 24.0351 motion for post-conviction relief after an evidentiary hearing. We affirm the judgment of the motion court.

Factual and Procedural Background

On August 27, 2009, Yarberry was charged as a prior and persistent offender with two counts of the class C felony of domestic assault in the second degree, violations of section 565.073, and two counts of the unclassified felony of armed criminal action, violations of section 571.015.2 The information charged that the aforementioned crimes were committed by Yarberry…