Oplinger v. State

WILLIAM W. FRANCIS, JR., Presiding Judge.

Richard B. Oplinger (“Oplinger”) appeals the motion court’s denial of his Rule 29.15 1 motion asserting his trial counsel was ineffective for failing to request a lesser-included jury instruction for stealing. We affirm.

Facts and Procedural History

A jury convicted Oplinger of robbery in the first degree in violation of section 569.020 and armed criminal action in violation of section 571.015. The trial court found Oplinger to be a prior offender and sentenced him to two concurrent terms of thirty years’ imprisonment. This Court affirmed Oplinger’s…