McKee v. State

GARY M. GAERTNER, JR., Presiding Judge.

Introduction

Tracy McKee (Movant) appeals from the motion court’s judgment denying his Rule 29.15 1 motion. Movant claims that the motion court erred in denying post-conviction relief, because his trial counsel was ineffective by failing to request an instruction for the lesser-included offense of second-degree tampering. We affirm.

Factual and Procedural Background

On January 30, 2008, a jury convicted Movant of tampering in the first degree, in violation of Section 569.080.1(2) RSMo Supp.2005. Viewed in the light most favorable to the verdict, the…