Ginnery v. State

PREWITT, Judge.

Appellant filed motions under Rule 27.26, seeking to vacate sentences for rape1 and sodomy.2 The trial court denied the motions without a hearing. See Rule 27.26(e).

Appellant contends that a hearing should have been held on his motions as he alleged facts showing that he did not receive a fair trial because the trial court did not order a mental examination to determine his fitness to stand trial and his trial counsel failed to have him “timely and properly examined” to determine that fitness.

Appellant was examined on August 24, 1979, by a psychiatrist pursuant to an order of…