Simmons v. State

ROY L. RICHTER, Presiding Judge.

Richard Simmons (“Movant”) appeals from the denial, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. We affirm.

I. BACKGROUND

On or about August 14, 2009, Movant was an inmate at the Department of Corrections’ (“DOC”) Eastern Reception Diagnostic Correction Center (“Correction *466Center”). On that date, Correction Center personnel entered Movant’s jail cell, which Movant shared with another inmate. After Correction Center personnel found a prison-made stabbing weapon wrapped in toilet paper located in the trashcan, Correction…