State v. Kelly

STEELMAN, Judge.

The State presented sufficient evidence to survive a motion to dismiss. We dismiss without prejudice defendant’s ineffective assistance of counsel claim. The trial court did not err in sentencing defendant. Appellate counsel exceeded the limits of zealous advocacy for her client.

I. Factual and Procedural History

On 6 April 2009, Erica Kelly (defendant) was indicted for first-degree murder and concealing the birth of a child. On 13 July 2011, a jury found defendant guilty of second-degree murder and not guilty of concealing the birth of a child. Defendant was sentenced to an…