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FOERSTEL v. STATE

No. 37407.

540 S.W.2d 958 (1976)

Steven Thomas FOERSTEL, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

August 31, 1976.

Attorney(s) appearing for the Case

Timothy A. Braun, Public Defender, St. Charles, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Ronald L. Boggs, Pros. Atty., St. Charles, for respondent.

CLEMENS, Presiding Judge.

Movant Foerstel appeals denial of his Rule 27.26 motion to vacate a judgment sentencing him to a twenty-five year term on his plea of guilty to forcible rape. He makes two related contentions: The court should have, sua sponte, held a competency hearing before accepting his guilty plea and he was denied effective assistance of counsel by counsel's failure to request a competency hearing.

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