State v. Sloan

CLEMENS, Judge.

A jury found defendant guilty of burglary and the court imposed a ten-year sentence. Defendant has appealed, contending the state failed to prove intent to steal; also that the court erroneously denied his instruction on the issue of identification.

By a pro se after-trial motion, carried forward in his brief, defendant contends he was denied effective assistance of trial counsel by his counsel’s failure to call an alibi witness. Such an allegation and the explanation thereof is appropriate under — and better adjudicated by — a motion to vacate under Rule 27.26, V.A.M.R. On this…