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Dekruyff v. State

Court of Appeals of Missouri, Western District, Third Division

November 25, 2014

RICHARD GARY DEKRUYFF, Appellant,
v.
STATE OF MISSOURI, Respondent

Appeal from the Circuit Court of Clay County, Missouri. The Honorable Shane T. Alexander, Judge.

S. Kathleen (Kate) Webber, Assistant Appellate Defender, Kansas City, MO, Attorney for Appellant.

Chris Koster, Attorney General, Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Before: Karen King Mitchell, Presiding Judge, and Cynthia L. Martin and Gary D. Witt, Judges. Division Three: Mitchell, P.J., and Martin and Witt, JJ., CONCURRING.

ORDER

Per Curiam

Richard Dekruyff appeals, following an evidentiary hearing, the denial of his Rule 24.035 motion for post-conviction relief. Dekruyff claims that plea counsel provided ineffective assistance by: (1) failing to intervene when the court granted Dekruyff additional time to plead guilty; and (2) failing to inform both Dekruyff and the court that if Dekruyff did not plead guilty at that time, the State's plea offer would expire. Because Dekruyff's claims on appeal differ from those raised before the motion court, they are not preserved. We affirm the motion court's judgment. Rule 84.16(b).


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