Smith v. State

DOWD, Presiding Judge.

Movant, Eugene Smith, appeals from the denial of his Rule 27.26 motion after an evidentiary hearing.

We affirm.

Movant pleaded guilty to three counts of unlawful sale of Phenmetrazine, a Schedule II controlled substance. He was sentenced to seven years imprisonment on each count, terms to be served concurrently. Probation was granted but subsequently revoked.

Movant raises five points on appeal. In his first point movant claims he was denied effective assistance of counsel because his attorney did not inform movant that he could request a separate trial on each count of the…