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HOWARD v. STATE

No. ED 88502.

226 S.W.3d 890 (2007)

Kevin HOWARD, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

June 19, 2007.

Attorney(s) appearing for the Case

Jo Ann Rotermund, Saint Louis, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Assistant Attorney General, Jefferson City, MO, for Respondent.

Before GLENN A. NORTON, P.J., LAWRENCE E. MOONEY, J., and KENNETH M. ROMINES, J.

ORDER

PER CURIAM.

Kevin Howard appeals the judgment denying his motion for post-conviction relief under Rule 29.15.1 In his first point on appeal, Howard argues that the motion court clearly erred in not finding his trial counsel ineffective for failing to object when the prosecutor characterized his crime of assault in the first degree as attempted murder during arguments at the penalty phase of trial after the jury reached...

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