Lewis v. State

PUDLOWSKI, Presiding Judge,

Movant appeals from an order of the Circuit Court of the City of St. Louis dismissing his second Rule' 27.26 motion. We reverse and remand.

On March 13, 1981, the jury found the movant guilty of burglary second degree. On April 24, 1981, movant’s motion for a new trial was denied and he was sentenced by the trial court to thirteen years imprisonment. This judgment was affirmed on appeal. State v. Lewis, 637 S.W.2d 93 (Mo. App.1982).

On July 9, 1981, while his direct appeal was still pending, the movant untimely filed his first Rule 27.26 motion. The trial court…