Battle v. State

DOWD, Chief Judge.

Movant David Battle was convicted of two counts of assault in the first degree § 565.050 RSMo 1978 and sentenced to two consecutive fifteen-year terms. His conviction was upheld on direct appeal in State v. Battle, 625 S.W.2d 252 (Mo.App.1981). In the trial court, movant sought to vacate the sentences pursuant to Rule 27.26, basically on two grounds: (1) He had ineffective assistance of counsel at his original trial and (2) that the court erred in finding him competent to stand trial. After an eviden-tiary hearing, the court denied movant relief. He now appeals.

In this…