Goff v. State

NANCY STEFFEN RAHMEYER, Judge.

Patrick Leroy Goff (“Movant”) appeals from the denial of his motion to vacate his sentence because of ineffective assistance of counsel brought under Rule 29.15.1 Movant was convicted of the class D felony of possession of burglar’s tools in violation of § 569.180.2 Movant predicates his motion on two bases: first, that the class A misdemeanor offense of possession of a tool to break into a vending machine in violation of § 578.445 should have been given as a lesser included offense of the class D felony of possession of burglar’s tools in violation of § 569.180…