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McNEAL v. STATE

No. SC 92615.

412 S.W.3d 886 (2013)

David A. McNEAL, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 12, 2013.

Attorney(s) appearing for the Case

Andrew E. Zleit , Public Defender's Office, St. Louis, for Appellant.

Shaun J. Mackelprang , Attorney General's Office, Jefferson City, for Respondent.

RICHARD B. TEITELMAN, Judge.

David A. McNeal was convicted of one count of burglary in the second degree, section 569.170, and one count of stealing, section 570.030.1 McNeal filed a Rule 29.15 motion for post-conviction relief alleging that counsel was ineffective for failing to request a jury instruction on the lesser-included offense of trespassing. The motion court overruled McNeal's motion without holding an evidentiary hearing. The...

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