LAW.coLAW.co

GILBERT v. STATE (2021)

Missouri Court of Appeals, Western District.2021-08-10No. WD 83785

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER

Following a jury trial in the Circuit Court of Platte County, Scott A. Gilbert was convicted of four counts of first-degree assault of a law enforcement officer, four associated counts of armed criminal action, one count of first-degree tampering with a motor vehicle, and one count of resisting a lawful stop. The circuit court sentenced Gilbert to a total of 128 years’ imprisonment. This Court affirmed Gilberts convictions and sentences on direct appeal. Gilbert then filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied relief following an evidentiary hearing. Gilbert appeals. He argues that his trial counsel was ineffective for failing to object to statements by the prosecutor in closing argument, which suggested that defense counsel was trying to mislead the jury. Gilbert also argues that trial counsel was ineffective for failing to recognize inconsistent testimony given by one of the States witnesses on cross-examination. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM: