McGuirk v. State

GREENE, Presiding Judge.

James Ronald McGuirk appeals from the denial of his Rule 27.261 motion to vacate, set aside or correct his conviction and sentences he received after entering pleas of guilty to two counts of sodomy. § 566.060.2 McGuirk received consecutive sentences of 15 years’ imprisonment for the crimes.

In his 27.26 motion, McGuirk alleged (1) ineffective assistance of trial counsel, (2) that his constitutional rights were violated during his in-custody interrogation, and (3) that the trial judge had an erroneous impression that § 558.026(1) mandated consecutive sentences in cases…