Missouri Court of Appeals, Eastern District / Nov 21, 2023
Johnny M. Thomas, Appellant, vs. State of Missouri, Respondent.
Johnny M. Thomas appealed the motion court's denial of his Rule 24.035 post-conviction relief motion, arguing his plea counsel was ineffective. Thomas claimed counsel failed to advise him of a viable defense that he was guilty of first-degree child molestation, not attempted first-degree statutory rape, due to a lack of penetration evidence. The appellate court affirmed the motion court's judgment, finding Thomas did not meet his burden of proving ineffective assistance of counsel.