In the Missouri Court of Appea[s
Eastem District
DIVISION FOUR
ANDRE ADAMS, ) ED]039S3
)
Appellant, ) Appeal from the Circuit Court
) of St. Louis County
v. ) 1222-€€10323
)
STATE OF MISSOURI, ) Honorable Edward W. Sweeney
)
Respondent. ) Filed: February 7, 2017
Introduction
Andre Adarns (Movant) appeals the judgment of the motion court denying his
motion for post-conviction relief under Rule 29.15l without an evidentiary hearing He
argues both his trial counsel and his appellate counsel were ineffective for failing to contest
two of his misdemeanor convictions, and that his trial counsel Was ineffective for failing
to object to comments the prosecutor made during direct examination of a Witness. We
affirm.
Background
Movant was convicted by a jury of four counts of statutory sodomy in the first
degree involving a child less than 12 years of age and two counts of furnishing
1 All rule references are to Mo. R. Criin. P. (2013) unless otherwise indicated
pornographic material to a ininoi'. The trial court sentenced him as a prior offender to
concurrent terms of 30 years in prison for each count of statutory sodomy, and concurrent
terms of l year for the counts of furnishing pornographic material to a minor, for a total
sentence of 30 years. This Court affirmed his convictions and sentences on appeal w
v. Adams, 377 S.W.3d 614 (Mo. App. E.D. 2012).
Movant timely filed a pro se motion seeking to vacate his convictions and sentences
under Rule 29. l 5. Latei', Movant’s appointed counsel requested a 30-day extension of time
iri which to file an amended motion, and filed such motion on October 28, 2013, the date
it would have been due with a 150-day extension The trial court denied l\/Iovant’s amended
motion without an evidentiary hearing This appeal follows.
Standard of Review
Oui' review of the motion court’s denial of a motion for post-conviction relief is
“limited to a determination of whether the findings of fact and conclusions of law are
clearly erroiieous.” Hicl