Dayringer v. State

PREWITT, Judge.

Following trial by jury movant was convicted of first-degree murder and sentenced to life imprisonment without eligibility for probation or parole. His conviction and sentence were affirmed on appeal. State v. Dayringer, 755 S.W.2d 698 (Mo.App.1988).

On July 6, 1989, he filed a motion for post-conviction relief under Rule 29.15. As defendant was sentenced on July 14, 1987, he had until June 30, 1988, to file a motion under Rule 29.15(m). Finding the motion untimely the trial court denied it. Movant appeals.

Movant contends that the operation of the time limitations provided in…