Durham v. State

RENDLEN, Judge.

Appeal from an order denying appellant’s Rule 27.261 motion to vacate judgment of conviction entered on a guilty verdict of statutory rape and to set aside the thirty-five year sentence imposed under the provisions of the Habitual Criminal Act, § 556.-280, RSMo 1959, V.A.M.S. Appellant contends: (1) he was subjected to double jeopardy; (2) he was denied effective assistance of counsel in that his lawyer was ignorant of the law controlling psychiatric examinations on the issue of mental competence and failed to request a second examination to determine appellant’s fitness for…