Missouri Court of Appeals, Eastern District / Oct 24, 2023
Montel Berry, Appellant, vs. State of Missouri, Respondent.
Montel Berry appealed the denial of his Rule 24.035 post-conviction motion, alleging ineffective assistance of counsel. Berry contended his plea counsel was ineffective for advising him to plead guilty to first-degree robbery, arguing the facts did not support the charge because no actual weapon was displayed. The appellate court affirmed the motion court's judgment, holding that the victim's reasonable perception of a deadly weapon threat, based on verbal threats and physical gestures, is sufficient for first-degree robbery, regardless of the weapon's actual existence.