Toney v. State

CRIST, Judge.

Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing. The motion challenged his two life sentences which were imposed after mov-ant was found guilty of rape and sodomy. This court affirmed the conviction on direct appeal. State v. Toney, 680 S.W.2d 268 (Mo.App.1984). We reverse and remand.

In his Rule 27.26 motion, movant alleged: (1) he received ineffective assistance of counsel due to his trial attorney’s failure to develop a defense of mistaken identity, (2) his trial attorney provided ineffective assistance by failing to object to evidence obtained…