Opinion
DOCKET NUMBER WD 49524 (Consolidated with WD 51141)
DATE: July 2, 1996
APPEAL FROM JOHNSON COUNTY CIRCUIT COURT, THE HONORABLE JOSEPH P. DANDURAND, JUDGE AND THE HONORABLE STEVEN W. ANGLE, JUDGE.
Rebecca L. Kurz, Assistant Appellate Defender, Kansas City, for appellant[s].
Jeremiah W. (Jay) Nixon, Attorney General, Philip M. Koppe, Assistant Attorney General, Kansas City, for respondent[s].
Ulrich, P.J., Breckenridge and Smith, JJ. CONCURRING
ORDER
Consolidated appeal from convictions of forcible rape, § 566.030, RSMo Supp. 1992, and forcible sodomy, § 566.060, RSMo Supp. 1992, and from the denial of a Rule 29.15 motion for post-conviction relief. Mr. Everhart alleges reversible error in the denial of a mistrial when a witness suggested a prior police photograph was used in a photographic line-up and when a juror slept through a portion of the cross-examination of the complaining witness. He also claims his trial counsel was ineffective for failure to object to the prosecutor's reference to him as a "human predator" in closing argument.
The judgments of the trial court and the motion court are affirmed. Rules 30.25(b) and 84.16(b).