Butler v. State

CRANE, Judge.

Movant Benjamin Butler appeals from the order of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief. Movant filed his transcript on direct appeal on November 16, 1990 but did not file his pro se motion until December 18, 1990, thus failing to meet the thirty day deadline mandated by Rule 29.15(b). We vacate the judgment of the motion court and remand with directions to dismiss the motion as untimely filed.

Movant was convicted by a jury of an illegal sale of crack cocaine. The trial court found him to be a prior and persistent…