Barkwell v. State

BILLINGS, Judge.

Nelson Eugene Barkwell was denied post-conviction relief, under Rule 27.26, V.A. M.R., from consecutive sentences for stealing and filed this appeal. The trial court found that he was not prejudiced by his trial attorney’s failure to timely file his motion for new trial. We affirm.

*512Movant alleged he had ineffective assistance of counsel because the motion for new trial was late and on direct appeal [State v. Barkwell, 590 S.W.2d 93 (Mo.App.1979)] we refused to review his “most meritorious point.”

In movant’s direct appeal three points were set forth. Even though the motion for…