Robert Franklin v. State Missouri

After an evidentiary hearing on defendant's Rule 27.26 motion the trial court deined relief and defendant has appealed. We affirm. Defendant's only point relied on charges ineffective assistance of trial counsel in failing to challenge the charged prior conviction for tampering with a motor vehicle which subjected defendant to trial as a second offender. He contends the previously charged offense was not a felony and therefore not a valid basis for applying the second offender act.