Riley v. State

CRIST, Presiding Judge.

Appeal from the denial of a Rule 27.26 motion after an evidentiary hearing. We affirm.

Pursuant to a motion for a new trial, movant was retried, convicted by a jury of possession of a Schedule I Controlled Substance (heroin) and sentenced to five years imprisonment. On direct appeal, the conviction was upheld in State v. Riley, 583 S.W.2d 751 (Mo.App.1979). Movant filed a Rule 27.26 motion. The motion was denied. Movant appeals.

Movant asserts error in that the trial court refused to consider a second motion to suppress evidence pursuant to the grant of his motion for a…