Endres v. State

CLEMENS, Presiding Judge.

Movant Robert Lee Endres appeals the denial of his Rule 27.26 motion contending he had been denied a speedy trial. That same issue was raised and denied on direct appeal. See State v. Endres, 482 S.W.2d 480 (Mo.1972) for pertinent facts concerning trial delay and the speedy trial issue defendant persistently raised from the time of his pretrial motions until submission to the supreme court.

The speedy trial issue now raised is the same issue raised on the earlier appeal.

*583Rule 27.26(b)(3) provides “a proceeding under this Rule ordinarily cannot be used . as a substitute…