State v. Brooks

KAROHL, Judge.

Paul Brooks appeals a conviction and sentence as a prior and persistent offender on the charge of sale of a controlled substance, § 195.211 RSMo Cum.Supp.1991 and denial of Rule 29.15 post conviction relief after a hearing.

The only issue briefed for our review is a claim the motion court erred in not finding ineffective assistance of counsel because his counsel’s careless closing argument opened the door for a response by the state that was otherwise unavailable. The direct appeal has been abandoned. See State v. Nelson, 818 S.W.2d 285, 287 (Mo.App.1991).

The state proved the…