TOTEN v. State

ROBERT S. BARNEY, Judge.

Appellant James Alvin Toten (“Movant”) appeals the motion court’s denial following an evidentiary hearing of his “Amended Motion to Vacate, Set Aside or Correct the Judgment or Sentence” filed pursuant to Rule 29.15. 1 In his sole point relied on, Movant asserts the motion court clearly erred in denying his request for postcon-viction relief in that his appellate counsel failed to raise in his direct appeal the claim that his defense counsel plainly erred by proceeding to “trial without a jury without ascertaining on the record that [Movant’s] waiver was voluntarily…