Beach v. State

GARY W. LYNCH, Judge.

Ricky L. Beach (“Movant”) appeals the denial without an evidentiary hearing of his Rule 24.085 motion for post-conviction relief.1 Movant claims that his guilty plea was not knowing and voluntary due to plea counsel’s ineffective assistance in misadvis-ing him that he was a “good candidate” for probation and that Movant was prejudiced as a result by rejecting a plea offer that would have resulted in a lesser sentence. Finding that Movant’s asserted prejudice fails to state a cognizable Rule 24.035 claim, we affirm.

1) Factual and Procedural Background

Movant was charged in…