Legal Opinion

Erickson v. State

Missouri Court of Appeals

Decided March 27, 2012No. WD 73562Published

1Opinion of the Court

VICTOR C. HOWARD, Judge.

Damiean Erickson appeals the judgment of the motion court denying his Rule 24.035 motion for postconviction relief following an evidentiary hearing. He sought to vacate his ten-year sentence on his conviction for class C felony possession of a controlled substance. He argues that his sentence exceeded the maximum authorized by law and that his counsel was ineffective in failing to object to the sentence. The judgment is affirmed.

Factual and Procedural Background

Erickson was originally charged by felony information with one count of class C felony possession of a…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Roberts v. StateSupreme Court of Missouri · 2009
  3. State v. GibbsMissouri Court of Appeals · 2010
  4. Cherco v. StateMissouri Court of Appeals · 2010
  5. Ringo v. StateSupreme Court of Missouri · 2003

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