Sinclair v. State

PREWITT, Chief Judge.

By motion under Rule 27.26, movant sought to vacate convictions for second-degree assault and armed criminal action. Movant was imprisoned under sentences for the convictions. While his motion was pending in the trial court movant attempted to escape from prison. He was shot and his attempt to escape failed. The trial court determined that by attempting to escape movant “lost his standing” to bring his 27.26 motion. The court dismissed the motion without an evidentiary hearing.

On appeal movant contends that the trial court’s order dismissing his motion was improper…