Missouri Court of Appeals, Western District / Aug 25, 2020
Antonio D. West vs. State of Missouri
Antonio D. West appealed the denial of his Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of trial and appellate counsel. West contended that his prior Kansas conviction for "attempted felony theft" did not qualify as a "stealing-related offense" under section 570.040.2, and thus his current stealing convictions were improperly enhanced. The appellate court affirmed the motion court's denial, holding that "attempted stealing" is a "stealing-related offense" under the statute, and therefore, counsel was not ineffective for failing to raise a non-meritorious claim.