The trial court sentenced defendant to consecutive terms of life imprisonment for each rape conviction, thirty years for the kidnapping conviction and ten years for the creating a grave and unjustifiable risk of infecting another with HIV conviction. Defendant appealed and this court affirmed. Rule 29.15 motion for post-conviction relief. The trial court appointed counsel and an amended Rule 29.15 motion was filed. The trial court issued findings of facts and conclusions of law, and denied the motion without an evidentiary hearing.
Defendant raises seven points on appeal.
Appellate review of the denial of defendant's Rule 29.15 motion is limited to determining whether the court's findings and conclusions are clearly erroneous. Defendant argues in his first point that the court clearly erred in failing to render findings or conclusions for his claim that his trial counsel was ineffective in failing to investigate two alibi witnesses. The court stated in its findings, among other things, that counsel provided effective assistance, counsel obtained and read police, laboratory and expert reports, and counsel conducted an independent investigation of the case, including having an independent expert review the state's DNA analysis. In its conclusions, the court stated, among other things, that defendant failed to establish he was entitled to relief, defendant was not prejudiced or deprived of any substantial rights by the conduct of his counsel, defendant failed to show that his counsel lacked the care and skill of reasonably competent attorneys and defendant failed to overcome the presumption of competency for counsel. The court did not specifically address defendant's claim regarding the alibi witnesses.