Garner v. State

JEFFREY W. BATES, Chief Judge.

Arthur Garner (“Garner”) was found guilty by a jury of four counts of sexual misconduct involving a child by coercion, in violation of § 566.083.1 The trial court sentenced Garner to five years imprisonment on each count and ordered the sentences to run consecutively. We affirmed the convictions and sentences on direct appeal in State v. Garner, 103 S.W.3d 866 (Mo.App.2003).

Garner then filed a motion to vacate, set aside or correct judgment or sentence pursuant to Rule 29.15.2 New counsel was appointed, and an amended motion was filed. In Garner’s amended motion,…