Ayres v. State

Introduction

Justin Ayres (Movant) appeals from a judgment denying his request for post-conviction relief under Rule 29.15 1 without an evidentiary hearing. Movant claims ineffective assistance of trial counsel in eliciting certain evidence, faffing to request submission of a lesser-included offense instruction, and misinforming Movant of a maximum sentence if convicted at trial. We affirm in part and remand in part.

Factual and Procedural Background

A jury found Movant guilty of first-degree assault, in violation of Section 565.050, 2 and armed criminal action, in violation of Section 571.015,…