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MESSIER v. STATE

No. SD 31810.

398 S.W.3d 508 (2013)

Edward Rivera MESSIER, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 6, 2013.

Attorney(s) appearing for the Case

Mark A. Grothoff , Columbia, MO, for Appellant.

Karen L. Kramer , Jefferson City, MO, for Respondent.

DON E. BURRELL, J.

Edward Rivera Messier ("Movant") appeals the denial of his Rule 29.15 motion to set aside his conviction for first-degree assault and resulting twenty-year sentence.1 In two points relied on, Movant claims his appellate counsel was ineffective for not challenging the trial court's refusal to give jury instructions for third-degree assault based upon recklessly causing physical injury, see section 565.070.1(1)...

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