Austin v. State

Movant Richard Austin appeals from the trial court’s denial, without evidentiary hearing, of his Rule 29.151 motion seeking to vacate a judgment and sentence for first degree robbery. The conviction was affirmed on direct appeal. State v. Austin, 689 S.W.2d 136 (Mo.App.1985).

The instant motion was filed on January 30, 1990. Rule 29.15(m) reads, in pertinent part: “... If sentence is pronounced prior to January 1, 1988, and no prior motion has been filed pursuant to Rule 27.26, a motion under this Rule 29.15 may be filed on or before June 30, 1988. Failure to file a motion on or before June…