Pelham v. State

FLANIGAN, Judge.

Movant Johnny Pelham appeals from the judgment denying, after evidentiary hearing, his Rule 27.26 1 motion to set aside a judgment and sentence for first degree assault, a Class B felony, § 565.050. Following a jury trial, movant was sentenced to a term of five years. The motion alleged that movant’s trial counsel in the assault case, Stephen Carlton, rendered him ineffective assistance. On this appeal movant asserts that counsel was ineffective and that the trial court erred in ruling otherwise.

Movant makes four claims of counsel’s ineffectiveness. They are: (1) Counsel…