Juralos v. State

CLEMENS, Senior Judge.

Appeal from summary denial of a Rule 27.26 motion. Movant-defendant had been convicted of first-degree burglary. State v. Juralos, 611 S.W.2d 569 (Mo.App.1981).

The sole contention now raised is lack of effective counsel in failing to offer an instruction on the lesser included offense of second-degree burglary. The statutory distinction is whether there is a person lawfully present in the burglarized property. Sections 569.160.1 and 569.170.1, RSMo. 1978.

The underlying evidence here was that defendant and one Peter Hardimon went onto the front porch of Mrs. Archie Jett’s…