McBenge v. State

Missouri Court of Appeals

McBenge v. State

779 S.W.2d 255, 1989 Mo. App. LEXIS 1043, 1989 WL 78902

CourtMissouri Court of Appeals

DecidedJuly 18, 1989

DocketNo. 55961

StatusPublished

This text of 779 S.W.2d 255 (McBenge v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McBenge v. State, 779 S.W.2d 255, 1989 Mo. App. LEXIS 1043, 1989 WL 78902 (Mo. Ct. App. 1989).

Pincite

Opinion

PUDLOWSKI, Chief Judge.

In January of 1987, Cecil R. McBenge, was convicted of attempted robbery and armed criminal action. He was sentenced to two consecutive terms of fifteen years imprisonment. This court affirmed mov-ant’s conviction and sentence on direct appeal. State v. McBenge, 745 S.W.2d 766 (Mo.App.1988). Movant then filed a Supreme Court Rule 29.15 motion. The motion court dismissed movant’s 29.15 motion without an evidentiary hearing as untimely. Movant appeals.

In his brief, movant acknowledged that his motion was filed after the June 30,1988 deadline. The relevant Section of Rule 29.-15(m) provides, “failure to file a motion on or before June 30, 1988, shall constitute a complete waiver of the right to proceed under this Rule 29.15.”

The motion court’s judgment is affirmed.

CRANDALL and CARL R. GAERTNER, JJ., concur.

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