to RSMo 2000. 2 . Movant and Victim's mother were married in 1990 and Victim was born just prior to their marriage. Although Movant’s name is on Victim’s birth certificate, Movant is not her biological father. 3 . Movant was represented in his direct appeal by Craig A. Johnston of the Office of State Public Defender (“Appellate Counsel”). 4 . It is clear that appellate counsel is never obligated to raise “every possible issue contained in [a] motion for new trial or assert a frivolous claim. Moreover, [counsel in direct appeals is] permitted to strategically winnow out non-frivolous issues in favor of other arguments.” Cole, 223 S.W.3d at 931. 5 . "It is recommended that the trial court question the defendant directly.” Britt, 286 S.W.3d at 862 n. 2.; see also Baxter, 204 S.W.3d at 655
holding that one must voluntarily and intelligently waive the right to counsel recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence holding that the best practice for a trial court is to question the defendant personally on the record to ensure that the defendant understands the right understands what is lost in the waiver has discussed the issue with defense counsel and voluntarily intends to waive the right holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open