Weaver v. State

OPINION

RANDALL, Judge.

James Milus Weaver appeals the denial of his petition for postconviction relief, seeking vacation of his conviction of first degree criminal sexual conduct, on the basis of ineffective assistance of counsel. We affirm.

FACTS

Appellant’s first trial ended in mistrial due to illness of an indispensable witness. After a second trial, appellant was convicted of two counts first degree criminal sexual conduct, one count third degree criminal sexual conduct, and one count fifth degree assault. At trial and at sentencing, appellant was represented by John D. Durfee, a privately…