State v. Barnard

ON MOTION TO RECALL MANDATE

VICTOR C. HOWARD, Judge.

Jack D. Barnard asks us to recall our mandate and to vacate our opinion in State v. Barnard, 954 S.W.2d 662 (Mo.App. W.D. 1997). Barnard contends that 1) his trial counsel was ineffective for failing to inform the trial court that he was entitled to a lesser sentence on his sodomy conviction in light of changes in the law that became effective before he was sentenced, and 2) his appellate counsel was ineffective for failing to inform this court of the changes in the law. The State agrees that we should recall our mandate. We grant Barnard’s…