Missouri Court of Appeals, Western District / Mar 5, 2024
Mary L. Browning vs. State of Missouri
Mary Browning appealed the denial of her Rule 24.035 motion, which alleged ineffective assistance of plea counsel. Browning had pleaded guilty to stealing and forgery charges, and argued counsel failed to advise her of a viable defense based on State v. Bazell regarding the felony classification of stealing. The motion court denied her claim, finding the Bazell defense inapplicable due to the amended stealing statute and proper aggregation of stolen amounts. The appellate court affirmed, concluding that counsel's performance was not deficient and Browning suffered no prejudice.