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Cothran v. State

Court of Appeals of Missouri, Western District, Fourth Division

July 15, 2014

DE'ANDRE J. COTHRAN, Appellant,
v.
STATE OF MISSOURI, Respondent

Page 248

Appeal from the Circuit Court of Jackson County, Missouri. The Honorable Sandra Midkiff, Judge.

Susan L. Hogan, Kansas City, MO, for appellant.

Dora A. Fichter, Jefferson City, MO, for respondent.

Before Division Four: Alok Ahuja, Chief Judge, Presiding, Cynthia L. Martin, Judge and Wayne P. Strothmann, Special Judge. All concur.

OPINION

Page 249

Cynthia L. Martin, J.

De'Andre Cothran (" Cothran" ) appeals the motion court's denial of his Rule 29.15 motion. Cothran argues on appeal that

Page 250

the motion court clearly erred in denying his motion because he established that trial counsel provided ineffective assistance of counsel by failing to move to suppress out-of-court and in-court identifications. We affirm.

Factual and Procedural Background[1]

On June 28, 2007, Cothran robbed a Family Dollar store in Kansas City. He pointed a gun at the cashier and demanded money. The cashier called for the assistant manager to come and open the register. When Taquela Cooper (" Cooper" ), the assistant manager, came to the register, she realized that she did not have her register keys and called for the store's manager, Johnny Harper (" Harper" ).

Harper came out of the office and tossed Cooper his keys. Cooper opened the register and put the money into a Family Dollar bag. She then began to cry. Cothran told her to stop crying, and in doing so, briefly exposed his face by pulling down the shirt that had been covering it. Because the store's safe had a five minute delay, Cothran just took the money from the register and left. After waiting a few minutes, Harper went outside to see where Cothran went. He found Cothran near the store's dumpster. Cooper joined Harper and they both saw Cothran take off his jacket and run down the street.

When the police officer responding to the 911 call arrived, Harper told him where Cothran had gone and gave a description. The officer found Cothran, and with gun drawn, commanded him to stop and get on the ground. Cothran lied, saying that he was a juvenile, and then ran. After a short manhunt, Cothran was arrested. He lied again, giving a false name and date of birth. When they searched Cothran, officers found over $200, some of it in a Family ...


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