Spells v. State

VICTOR C. HOWARD, Judge.

Christopher Spells appeals the circuit court’s order denying his Rule 29.15 1 motion without an evidentiary hearing. In his sole point on appeal, Spells claims that the circuit court clearly erred in denying his motion without an evidentiary hearing because Spells pleaded factual allegations which would warrant relief in that he alleged that his trial counsel was ineffective for failing to object to Instruction No. 9, the State’s verdict director, on the basis that there was a fatal variance between the State’s information and the State’s verdict director. He also…