Missouri Court of Appeals, Eastern District / Dec 20, 2022
Brian McBenge, Appellant, vs. State of Missouri, Respondent.
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.