Baney v. State, ED 107103

• Citation: 590 S.W.3d 426 (Mem)
• Decision Date: 03 December 2019
• Docket Number: No. ED 107103,ED 107103
• Parties: Cary L. BANEY, Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Court of Appeals

590 S.W.3d 426 (Mem)

Cary L. BANEY, Appellant,

v.STATE of Missouri, Respondent.

No. ED 107103

Missouri Court of Appeals, Eastern District, DIVISION ONE.

FILED: December 3, 2019

FOR APPELLANT, Tory D. Bernsen, 8008 Carondelet Avenue, Suite 311, St. Louis, MO 63105.

For Respondent, Eric Schmitt, Karen L. Kramer, P.O. Box 899, Jefferson City, MO 65102.

Before Robert M. Clayton III, P.J., Robert G. Dowd, Jr., J., and Roy L. Richter, J.

ORDER

PER CURIAM

Cary L. Baney ("Movant") appeals from the Circuit Court of Montgomery County’s denial, following an evidentiary hearing, of his Rule 29.15¹ motion for post-conviction relief. Movant was found guilty on February 16, 2016 of deviate sexual assault of C.P. ("Victim"), in violation of Section 566.070 RSMo.² On May 4, 2016, Movant was sentenced to five years in the Missouri Department of Corrections. This Court affirmed Movant’s conviction on direct appeal. See State v. Baney, 516 S.W.3d 410 (Mo. App. E.D. 2017).

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 84.16(b).

1 All rule reference are to Mo. Sup. Ct. R.

2 All statutory citations are to the RSMo. (2000) unless otherwise indicated. Movant’s offense was transferred in 2013 and has since been codified at Section 566.061 RSMo., as second-degree sodomy.