Holland v. State

CRIST, Judge.

Rule 27.26 motion. Movant seeks to vacate a jury conviction of rape and resulting four-year sentence. He appeals from a denial of his motion after an evidentiary hearing. We affirm.

He complains: He was denied effective assistance of counsel. His lawyer failed to conduct an independent factual investigation to corroborate his defense of lack of identification. He was prejudiced because he was denied witnesses who knew that he had a tattoo on his arm prior to the rape for which he was convicted. And the State had the burden to prove absence of prejudice. We disagree.

Appellant…