Missouri Court of Appeals, Southern District / Jul 13, 2018
DAVID ANDREW BORNEMAN, Movant-Appellant, vs. STATE OF MISSOURI, Respondent-Respondent.
David Andrew Borneman appealed the motion court's denial of his Rule 24.035 motion for post-conviction relief. He claimed ineffective assistance of plea counsel for erroneously advising him he would receive probation, and that the motion court erred by denying an oral motion to supplement his claim with an argument that his sentence exceeded the legal maximum. The appellate court affirmed the motion court's denial, finding no clear error in its credibility determination regarding counsel's advice and concluding that the attempt to add the sentence claim was time-barred.