Arnold v. State, 552 S.W.3d 698 (2018)

April 24, 2018 · Missouri Court of Appeals, Western District · WD 80373
552 S.W.3d 698

Ricky W. ARNOLD, Appellant,
v.
STATE of Missouri, Respondent.

WD 80373

Missouri Court of Appeals, Western District.

ORDER FILED: April 24, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied May 29, 2018
Application for Transfer to Supreme Court Denied August 21, 2018

S. Kate Webber, Kansas City, MO, for appellant.

Shaun Mackelprang, Jefferson City, MO, for respondent.

Before Division Three: Victor C. Howard, Presiding Judge, Cynthia L. Martin, Judge and Gary D. Witt, Judge

ORDER

Per curiam:

*699Ricky W. Arnold appeals from the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Arnold asserts that he received ineffective assistance when: (1) trial counsel failed to present a defense and to request a jury instruction on entrapment; and (2) trial counsel failed to move to dismiss the charge of attempted enticement of a child based on the government's outrageous conduct. Arnold argues that an evidentiary hearing on his Rule 29.15 motion was required because he alleged facts which are not refuted by the record that, if true, would warrant post-conviction relief. Finding no error, we affirm. Rule 84.16(b).