JOSEPH WILLIE PROBY, Movant- Missouri Cases

Joseph Willie Proby appealed the denial of his Rule 29.15 motion for post-conviction relief, which alleged ineffective assistance of appellate counsel. Proby claimed his appellate counsel failed to argue that his prior uncounseled state misdemeanor stealing pleas could not be used to enhance his current stealing charges to felonies under section 570.040. The motion court denied relief, finding the statute's plain meaning allowed the enhancement and counsel was not ineffective. The appellate court affirmed, concluding that the statutory interpretation claim was not meritorious and was unpreserved for direct appeal, thus appellate counsel was not ineffective.