Griffin v. State

McMILLIAN, Judge.

This is an appeal from the judgment of the circuit court of the City of St. Louis denying without an evidentiary hearing appellant’s motion to vacate sentence filed pursuant to Rule 27.26, V.A.M.R. Because a timely notice of appeal was not filed, we are without jurisdiction and accordingly dismiss the appeal.

On March 8, 1974, appellant filed a second 27.26 motion pro se in the circuit court. On March 18, 1974, in a written opinion the trial court denied appellant’s *666motion without conducting an evidentiary hearing. A motion filed under Rule 27.26 is an independent civil action…