Birmingham v. State, 559 S.W.3d 116 (2018)

Oct. 23, 2018 · Missouri Court of Appeals, Western District · WD 81129
559 S.W.3d 116

Michael D. BIRMINGHAM, Appellant,
v.
STATE of Missouri, Respondent.

WD 81129

Missouri Court of Appeals, Western District.

Order filed: October 23, 2018

Annette M. Wallace, for Appellant

Evan J. Buchheim, Jefferson City, for Respondent

Before Division Four: Karen King Mitchell, Chief Judge, Victor C. Howard, Judge and George E. Wolf, III, Special Judge

ORDER

PER CURIAM:

Michael Birmingham appeals from the judgment denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing after pleading guilty to two counts of money laundering and one count of failure to file a tax return. He contends that the motion court clearly erred in denying the post-conviction motion because the factual basis for his pleas to both offenses was insufficient and plea counsel was ineffective for failing to advise that his alleged acts did not constitute the crime of money laundering. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).