Roberts v. State

• Decision Date: 29 March 2022
• Docket Number: WD 84483
• Citation: 642 S.W.3d 386 (Mem)
• Parties: Terry M. ROBERTS, Jr., Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Court of Appeals

642 S.W.3d 386 (Mem)

Terry M. ROBERTS, Jr., Appellant,

v.STATE of Missouri, Respondent.

WD 84483

Missouri Court of Appeals, Western District.

ORDER FILED: March 29, 2022

Jedd C. Schneider, Assistant Public Defender, Columbia, MO, Attorney for Appellant.

Eric S. Schmitt, Attorney General, and Sarah E. Ernst, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Before Division One: Mark D. Pfeiffer, Presiding Judge, and Karen King Mitchell and Gary D. Witt, Judges

Order

Per Curiam:

Terry M. Roberts, Jr., appeals, following an evidentiary hearing, the denial of his Rule 29.15 motion for post-conviction relief. Roberts raises two claims on appeal: (1) trial counsel was ineffective in failing to object to the alleged hearsay statement of an absent witness and (2) trial counsel was ineffective in affirmatively misadvising Roberts that he had to waive his right to a jury trial in order to seek probation, rendering his waiver involuntary. Finding no error, we affirm. Rule 84.16(b).