Messier v. State

Edward Rivera Messier (“Movant”) appeals the denial of his Rule 29.15 motion to set aside his conviction for first-degree assault and resulting twenty-year sentence.1 In two points relied on, Movant claims his appellate counsel was ineffective for not challenging the trial court’s refusal to give jury instructions for third-degree assault based upon recklessly causing physical injury, see section 565.070.1(1), and recklessly creating a grave risk of serious physical injury, see section 565.070.1(4).2 Because the jury was instructed on the lesser-included offense of second-degree assault and…