Sampson v. State

DIXON, Judge.

Movant appeals denial of his Rule 27.26 motion after evidentiary hearing. Mov-ant’s underlying conviction was for two counts of robbery and concurrent 9-year sentences. The single issue raised by mov-ant is ineffectiveness of counsel because of the failure of trial counsel to file a notice of appeal and perfect an appeal.

There is no question but that no appeal was taken from the movant’s convictions. However, the mere failure to take an appeal does not constitute ineffective assistance of counsel. Coney v. State, 491 S.W.2d 501 (Mo.1973); Brown v. State, 512 S.W.2d 404…