Winningham v. State

CRANDALL, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion.1 His conviction had previously been affirmed on direct appeal. State v. Winningham, 733 S.W.2d 3 (Mo.App.1987). We affirm.

Movant contends that the court erred in denying his 27.26 motion because the State violated the Agreement on Detainers Act, § 217.490, Art. IV, Par. 5, RSMo (1986), and lost its jurisdiction over him when the State returned him to the custody of the Federal Government before final disposition of state case against him.

When, as here, a federal prisoner’s appearances in a state court are…