Armstrong v. State

DON E. BURRELL, Judge.

Douglas Armstrong (“Movant”) appeals from the denial of his Rule 24.035 1 motion for post-conviction relief.

Standard of Review

Under Rule 24.035, this Court reviews a motion court’s denial of post-conviction relief to determine whether “the findings and conclusions of the trial court are clearly erroneous.” Rule 24.035(k). The motion court’s findings and conclusions are presumed correct. Smith v. State, 240 S.W.3d 756, 759 (Mo.App. S.D.2007). However, if upon review an appellate court is left with a firm impression that a mistake has been made, then the findings and…