White v. State

SMITH, Judge.

Movant appeals from an order denying, without evidentiary hearing, his Rule 27.26 motion to vacate and set aside sentence. The underlying conviction was for assault with intent to maim with malice arising from the physical and sexual torture of a female victim.

Movant’s motion stated his grounds for relief as follows:

“(a) Incompetency of counsel at trial.

“(b) State’s failure to disclose favorable evidence.

“(c) Discovery of new evidence.”

The facts supporting these grounds were set out as follows:

“ ‘9. (a) Counsel who conducted the trial failed to perform any investigation prior to…