Missouri Court of Appeals, Western District / Jul 14, 2020
Gabriel Knight Dawson vs. State of Missouri
Gabriel Knight Dawson appealed the denial of his Rule 24.035 motion for post-conviction relief. He claimed the sentencing court failed to consider dual jurisdiction under Section 211.073 and that plea counsel was ineffective for not presenting mitigation evidence at sentencing. The appellate court affirmed the motion court's judgment, finding no clear error. It held that the motion court, which was also the sentencing court, objectively determined that a dual-jurisdiction sentence would not have been imposed, and Dawson failed to show prejudice from counsel's alleged ineffective assistance.