Court of Appeals of Missouri, Eastern District, Third Division
CARLTON L. PORTER, Movant/Appellant,
STATE OF MISSOURI, Respondent/Respondent.
from the Circuit Court of the City of St. Louis Honorable
Christopher E. McGraugh
B. SULLIVAN, P.J.
Porter (Appellant) appeals from the motion court's denial
of his Rule 29.15motion for post-conviction relief after an
evidentiary hearing. Porter's motion claims his trial
counsel (trial counsel) was ineffective for failing to
investigate and call certain witnesses in his defense at
trial. We affirm.
was convicted after a jury trial as a persistent felony
offender and persistent drug offender of trafficking in the
second degree, possession of phencyclidine (PCP), and
possession of drug paraphernalia. In the light most favorable
to the verdict, the facts are as follows:
In February, 2012, Officer Mark Pasionek was assigned to
patrol the 5600 and 5700 blocks of Labadie in the City of St.
Louis, an area known for drug sales. He and Officer Jared
Neff conducted surveillance from a vacant residence.
their surveillance, the officers observed Appellant conduct
several suspicious transactions with various individuals.
Officer Pasionek observed a blue vehicle pull up to Appellant
and saw Appellant speak to someone within. Appellant then
went to the corner of 5700 Labadie, kneeled down, unscrewed a
jar, and dipped a cigarette into it. Appellant removed the
cigarette, sucked on one end, and took it back to the
vehicle, handing it to an occupant.
officers followed the blue vehicle after it pulled away, and
conducted a traffic stop. During the stop, one officer
smelled a strong odor of PCP. Searching the vehicle's
driver, they found a dark brown More brand cigarette which
had been dipped in PCP. That driver was arrested.
Pasionek and Neff also observed a black vehicle pull up, and
watched its occupant engage in a similar transaction with
Appellant. Appellant spoke with the occupant, went to the
corner where the jar was hidden, dipped a cigarette into the
jar, and returned to exchange it with the occupant. This
second vehicle was also stopped, and officers found a
cigarette dipped in PCP in the ashtray and arrested the
observed several more similar transactions as they watched
Appellant. After some time they called in other police
officers for assistance, and Appellant was arrested. Officer
Andrew Kleffner searched the area where they had seen
Appellant access the jar and cigarettes. Officer Kleffner
found the jar and More brand cigarettes in a hole. The jar
contained fluid, which a laboratory test later revealed to be
trial was held, and Appellant was found guilty of possession
of a controlled substance with intent to distribute,
trafficking in the second degree, and possession of drug
paraphernalia with intent to use. Appellant was sentenced to
concurrent sentences of twelve years for trafficking and
possession of the PCP, and one year concurrently for the
possession of paraphernalia.
directly appealed his conviction and sentence, which was
affirmed by this Court in State v. Porter, 464
S.W.3d 250 (Mo. App. E.D. 2015).
timely filed a pro se motion for post-conviction relief under
Rule 29.15. Counsel was appointed for Appellant, who, after
requesting and receiving a 30-day ...