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IMMEKUS v. STATE

No. SD 32233.

410 S.W.3d 678 (2013)

Mark Edward IMMEKUS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 29, 2013.

Attorney(s) appearing for the Case

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

Chris Koster , Attorney General, and Shaun J. Mackelprang , Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, J.

Mark Edward Immekus ("Movant") appeals the motion court's judgment denying his Rule 29.15 motion for post-conviction relief from his conviction, following a jury trial, of first-degree assault, see section 565.050.1 He claims the motion court clearly erred in not finding that his trial counsel was ineffective for "failing to request a lesser-included jury instruction for assault in the second degree." We determine...

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