Burnette v. State

• Decision Date: 29 March 2022
• Docket Number: ED 109506
• Citation: 642 S.W.3d 379 (Mem)
• Parties: Robert J. BURNETTE, Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Court of Appeals

642 S.W.3d 379 (Mem)

Robert J. BURNETTE, Appellant,

v.STATE of Missouri, Respondent.

No. ED 109506

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: March 29, 2022

FOR APPELLANT: Edward S. Thompson, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

FOR RESPONDENT: Eric Schmitt, Dora A. Fichter, P.O. Box 899, Jefferson City, Missouri 65102.

Michael E. Gardner, P.J., James M. Dowd, J., and Lisa P. Page, J.

Order

PER CURIAM

Appellant Robert J. Burnette appeals the judgment denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Burnette pleaded guilty to one count of abuse of a child resulting in death in violation of section 568.060.5(2) for which he was sentenced to twenty-six years in prison. Burnette alleged that defense counsel was ineffective for failing to object to the State's "last minute" amendment of the charges against him. After an evidentiary hearing, the motion court affirmed the judgment and sentence of the plea court.

On appeal, Burnette alleges: (1) that the motion court erred in failing to find defense counsel ineffective for not objecting to the State's amended charges against him, and (2) that the motion court erred in finding that defense counsel was not ineffective for not seeking a continuance to investigate a potential new defense.

We agree with the motion court's judgment and the findings of fact and conclusions of law therein. Affirmed.

An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b) (2018).