Pearson v. State

WEIER, Judge.

Movant has appealed from a denial of his motion to vacate judgment and sentence of life imprisonment entered upon his plea of guilty in a first degree murder case. The state contends that the appeal must be dismissed because of our lack of jurisdiction for the reason that the notice of appeal was not timely filed. We agree.

In this Rule 27.26 proceeding, the court, after a full evidentiary hearing, denied the motion to vacate judgment and sentence on August 1, 1974. No after-trial motions were filed and on September 23, 1974 mov-ant filed notice of appeal. Since no motion for a…