{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"brian-mcbenge","displayName":"Brian McBenge","totalCases":1},"cases":[{"caseId":"moappd:ed110102:2022-12-20","opinionId":"2c9415c2-f333-504b-9130-b478573e1eec","slug":"brian-mcbenge-appellant-v-state-of-missouri-respondent-110102","caseName":"Brian McBenge, Appellant, vs. State of Missouri, Respondent.","caseNumber":"ED110102","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2022-12-20","year":2022,"display_summary":"Brian McBenge appealed the denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. He alleged ineffective assistance of trial counsel for failing to object to the judge sentencing him as a prior offender without a jury recommendation, arguing the final information omitted the prior offender allegation. The appellate court affirmed the motion court's denial, holding that McBenge failed to demonstrate prejudice because the State could have easily amended the information and proven his prior offender status, thus still allowing the judge to sentence him.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","appellate-procedure","other"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=191334","detailUrl":"https://ott.law/missouri-courts/opinions/brian-mcbenge-appellant-v-state-of-missouri-respondent-110102","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":38,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: conviction","text: sentence"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}