Smith v. State

KAROHL, Presiding Judge.

Movant, Clifford Van Smith, appeals from a judgment denying his Rule 27.26 motion following an evidentiary hearing. Movant was convicted by a jury of one count of kidnapping, § 565.011 RSMo 1978; two counts of rape, § 566.030 RSMo 1978; two counts of sodomy, § 566.060 RSMo 1978; and one count of second degree assault, § 565.060 RSMo 1978. His convictions and sentence were affirmed in State v. Smith, 626 S.W.2d 256 (Mo.App.1981).

Movant raises four points in this appeal. He contends he was denied effective assistance of counsel because: (1) neither pre-trial motion nor…