Missouri Court of Appeals, Southern District / Sep 17, 2018
GATHOL MARCUS MAY, Movant-Appellant, vs. STATE OF MISSOURI, Respondent-Respondent.
Gathol Marcus May appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing his plea counsel was ineffective for misadvising him about his potential sentence for felony forgery and stealing. May claimed that counsel should have anticipated the holding in State v. Bazell, which was decided after his sentencing and would have reduced his maximum exposure. The appellate court affirmed the denial, finding no clear error in the motion court's determination that counsel's advice was proper based on the law at the time of the plea, as Bazell does not apply retroactively to May's case.