Simmons v. State

PHILIP M. HESS, Judge.

Introduction

Richard Simmons (Movant) appeals the denial of his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Movant claims the motion court clearly erred in denying post-conviction relief because his plea counsel was ineffective for failing to advise him that he would have to serve eighty-five percent of his sentence before becoming eligible for parole. We affirm.

Factual Background

In 2007, Movant was charged with first-degree assault and armed criminal action. In 2009, in a separate case, Movant was sentenced to life imprisonment without the…