Montgomery v. State

CRIST, Judge.

Movant Gregory Montgomery appeals from an adverse ruling on his Rule 27.26 motion after an evidentiary hearing. We affirm.

Movant was convicted, in 1978, of robbery in the first degree, and sentenced to thirty years imprisonment. The trial court’s judgment and sentence was affirmed in State v. Montgomery, 588 S.W.2d 80 (Mo.App.1979).

Movant asserts incompetent counsel at his original trial by reason of his lawyer’s failure to call his mother and his girlfriend to testify as alibi witnesses. To prevail, movant must show: (1) that his counsel failed to perform some duty; and (2) that…