MONTGOMERY v. STATE

No. 51036.

720 S.W.2d 20 (1986)

Daniel MONTGOMERY, Movant-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied November 4, 1986.

Application to Transfer Denied December 16, 1986.


Attorney(s) appearing for the Case

Beth S. Ferguson, St. Louis, for movant-appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for defendant-respondent.


SMITH, Judge.

Movant appeals from the denial of his Rule 27.26 motion following an evidentiary hearing. We affirm. Movant was convicted by a jury of one count of rape and one of sodomy and received consecutive sentences of 30 and 15 years.

His first point is that trial counsel rendered ineffective assistance in failing to request a second mental evaluation and in failing to request a judicial determination of movant's competency "where counsel honestly believed...

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