KIRUI v. STATE (2024)

Missouri Court of Appeals, Western District.

Godfrey Kiptoo KIRUI, Appellant, v. STATE of Missouri, Respondent.

WD 85765

Decided: February 27, 2024

Before Division Two: Anthony Rex Gabbert, Presiding Judge, and Karen King Mitchell and Janet Sutton, Judges

Rosemary E. Percival, District Defender, Area 52, Kansas City, MO, Attorney for Appellant. Andrew Bailey, Attorney General, and Karen L. Kramer, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Godfrey Kirui appeals from the denial of his amended Rule 29.15 motion that followed his conviction and sentencing on four counts: first-degree rape, first-degree kidnapping, third-degree assault, and first-degree tampering with a motor vehicle. Kirui's post-conviction motion raised six claims, only two of which are at issue in this appeal: (1) that trial counsel was ineffective by barring Kirui from testifying at both the guilt/innocence phase and the sentencing phase of trial, and (2) that trial counsel was ineffective for failing to remind the sentencing court, before any sentence was pronounced, that the sentence for Count I (first-degree rape) had to run consecutively to any sentence on the remaining counts. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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