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91 S.W.3d 695

Wagner v. State

Missouri Court of Appeals

Decided December 10, 2002

Missouri Court of Appeals · decided 2002-12-10

Decided 2002-12-10

¶1ORDER

PER CURIAM.

¶2Larry Wagner appeals the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. Mr. Wagner filed the Rule 24.035 motion after he pled guilty to the class A felony of second degree murder, § 565.021, RSMo 2000, and to the class C felony of assault in the second degree, § 565.060, RSMo 2000. On appeal, Mr. Wagner argues that his plea was not made knowingly, voluntarily, and intelligently because his counsel did not inform him that a jury could convict him of a lesser offense. This court finds that Mr. Wagner’s guilty plea was voluntary because, contrary to his claim, his counsel had no duty to inform him that a jury could convict him of a lesser offense. Since a published opinion would have no precedential value, a memorandum has been provided to the parties.

¶3The judgment of the motion court is affirmed. Rule 84.16(b).

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