State Missouri v. Vance Roy Clark

Movant appeals from his convictions of two counts of sodomy, Section 566.060, RSMo 1986, one count of attempted rape, Section 564.011, RSMo 1986, and one count of sexual abuse in the second degree, Section 566.110, RSMo 1986, for which he received sentences totaling thirty-seven years imprisonment. He also appeals the denial of his motion to vacate, set aside or correct the judgment or sentence pursuant to Rule 29.15 after an evidentiary hearing. The appeals were consolidated but movant elected to abandon, by not briefing, the direct appeal, including those issues raised in the motion for new trial filed by his trial counsel. Movant also abandoned most of the grounds raised in his Rule 29.15 motion. See, State v. Sanders, 619 S.W.2d 344, 349 (Mo. App. 1981). Movant's only point contends that the motion court erred in denying his motion to vacate, set aside or correct the judgment or sentence pursuant to Rule 29.15. He argues that the trial transcript establishes that the state elicited testimony that movant committed criminal acts other than those he was charged with. All of the testimony was received without objection from movant's trial counsel. We affirm.