McNeal v. State

RICHARD B. TEITELMAN, Judge.

David A. McNeal was convicted of one count of burglary in the second degree, section 569.170, and one count of stealing, section 570.030.1 McNeal filed a Rule 29.15 motion for post-conviction relief alleging that counsel was ineffective for failing to request a jury instruction on the lesser-included offense of trespassing. The motion court overruled McNeal’s motion without holding an evidentiary hearing. The judgment is reversed, and the case is remanded.2

I. Facts

In May 2008, two men were installing floors at apartment 510 in the Riverbend Apartment complex in St.…