Turner v. State

McMILLIAN, Judge.

Movant-appellant appeals from a judgment and order of the circuit court of St. Louis City denying, without an evidentiary hearing, his Rule 27.26, V.A.M.R., motion to vacate and set aside his conviction for the illegal possession of a controlled substance. State v. Turner, 543 S.W.2d 270 (Mo.App.1976). We affirm.

Prior to the filing of the instant Rule 27.26motion, appellant filed another Rule 27.26motion. Because an appeal was pending in this court at the time the first Rule 27.26motion was filed, the trial court, and properly so, dismissed the motion as premature. Rule…