Harlow v. State, 565 S.W.3d 200 (2018)

Oct. 16, 2018 · Missouri Court of Appeals, Eastern District, DIVISION THREE · No. ED 106472
565 S.W.3d 200

Preston S. HARLOW, Appellant,
v.
STATE of Missouri, Respondent.

No. ED 106472

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: October 16, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 2018
Application for Transfer to Supreme Court Denied January 29, 2019

FOR APPELLANTS: Lisa M. Stroup, 1010 Market Street, Suite 1100, Saint Louis, Missouri 65102.

FOR RESPONDENTS: Shaun J. Mackelprang, Joshua Hawley, P.O. Box 899, Jefferson City, Missouri 65102.

Before James M. Dowd, J., Sherri B. Sullivan, P.J., and Lawrence E. Mooney, J.

*201ORDER

PER CURIAM

Preston Harlow appeals the denial without an evidentiary hearing of his Rule 24.0351 motion for post-conviction relief. Harlow claims that the motion court clearly erred because his conviction of the class C felony of stealing and sentence of seven years' imprisonment were unlawful under the Missouri Supreme Court's decision in State v. Bazell , 497 S.W.3d 263 (Mo. banc 2016), and counsel therefore gave ineffective assistance by advising him to plead guilty. We affirm.

The judgment of the motion court is based on findings of fact that are not clearly erroneous. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).