Durham v. State

PRITCHARD, Commissioner.

Appellant was convicted of the commis.sion of statutory rape and was sentenced to 35 years imprisonment. In this Rule 27.26, V.A.M.R., proceedings he seeks to set aside and vacate his sentence upon three grounds here asserted: That he was twice placed in jeopardy for the same offense; ineffective assistance of counsel in that counsel failed to request an examination by another physician of appellant’s own choosing as to his mental competency; and that the court did not (sua sponte) receive a full evidentiary hearing at the trial to determine appellant’s mental capacity.