Crumbaker v. State

807 S.W.2d 138, 1991 Mo. App. LEXIS 377, 1991 WL 35238

Opinion

ORDER

PER CURIAM.

Movant appeals the denial of his Rule 29.15 motion for post conviction relief without an evidentiary hearing. Movant was found guilty by a jury on April 8, 1987 of the sale of cocaine and was sentenced to thirty-five years imprisonment on June 2, 1987. Movant’s conviction was affirmed on appeal by this court on May 24, 1988, 753 S.W.2d 76. Movant did not file a Rule 27.26 motion and did not file a Rule 29.15 motion by June 30, 1988.

Since movant was sentenced prior to January 1, 1988, he had until June 30, 1988, to file a Rule 29.15 motion. Rule 29.15(m). Movant’s failure to file a motion on or before June 30, 1988, constitutes a complete waiver of his right to proceed under Rule 29.15. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989), cert. denied, sub. nom. Walker v. Missouri, — U.S. -, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989).

Judgment affirmed.