Barbee v. State, 561 S.W.3d 847 (2018)

Sept. 11, 2018 · Missouri Court of Appeals, Eastern District, DIVISION TWO · No. ED 106132
561 S.W.3d 847

Chad R. BARBEE, Movant/Appellant,
v.
STATE of Missouri, Respondent.

No. ED 106132

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: September 11, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied October 15, 2018
Application for Transfer Denied December 18, 2018

ATTORNEY FOR APPELLANT: Lisa M. Stroup, Office of the State Public Defender, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Shaun J. Mackelprang, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J., and Mary K. Hoff, J.

ORDER

PER CURIAM

Chad R. Barbee ("Movant") appeals from the motion court's "Findings of Fact, Conclusions of Law and Judgment" ("Judgment") denying Movant's "Amended Motion to Vacate, Correct or Set Aside the Judgment or Sentence," which alleged a sentence in excess of the maximum authorized by law and ineffective assistance of counsel, without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).