Stewart v. State

WILLIAM W. FRANCIS, JR., J.

Kendal Stewart (“Stewart”)1 appeals the motion court’s denial of his post-conviction relief motion filed pursuant to Rule 29.15.2 In his two points relied on, Stewart challenges trial counsel’s failure to request a lesser-included-offense jury instruction, as well as trial counsel’s failure to assert on direct appeal that there was insufficient evidence to support his conviction under the verdict director submitted to the jury. We affirm the motion court’s decision.

Factual and Procedural Background

Given the narrow scope of Stewart’s appeal, we set forth only those…