Sabatucci v. State

Peter Jason Sabatucci (“Movant”) appeals the denial of his Rule 24.0351 motion for post-conviction relief following an evi-dentiary hearing. Movant claims that the motion court clearly erred in denying relief because plea counsel was ineffective for not properly advising Movant regarding a motion for change of judge, and Movant was prejudiced as a result, in that had he known the identity of the new judge assigned, he would have chosen to remain with the judge who was originally assigned to his case. Finding that Movant’s ineffective assistance of counsel claim was waived by his knowing and…