MICHAEL D. BURNS Missouri Cases

Michael Burns was found guilty of second-degree assault and sentenced to life in prison as a prior assault offender and persistent offender. After his direct appeal was affirmed, Burns filed a Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of counsel for failing to object to his prior assault offender status. The motion court denied relief, finding no prejudice because Burns was properly found to be a persistent offender, which alone subjected him to the same enhanced sentencing range. The appellate court affirmed the denial of post-conviction relief, agreeing that Burns failed to demonstrate prejudice.