Brown v. State

JOHN E. PARRISH, Presiding Judge.

Randy L. Brown (movant) appeals the motion court's dismissal of his Rule 29.15 motion based on the “escape rule.” This court affirms.

Movant was convicted of the class C felony of forgery. § 570.090.1(4), RSMo 1994. His direct appeal was dismissed based on the “escape rule.” See State v. Broim, 974 S.W.2d 630 (Mo.App.1998). Movant then filed a pro se Rule 29.15 motion. Counsel was appointed and an amended motion filed. The state filed a motion to dismiss the Rule 29.15 motion. The motion alleged that movant had received a jury trial; that after he was found…