Brown v. State

SHRUM, Judge.

Movant, Richard Duane Brown, appeals from the denial, without evidentiary hearing, of his Rule 29.151 motion. Movant filed the Rule 29.15 motion pro se on September 20, 1988. The trial court appointed counsel to assist movant on September 27, 1988. The original pro se motion was not amended. The trial court denied movant’s request for post-conviction relief because of his failure to file the motion before June 30, 1988. The trial court ruled movant waived his right to proceed under Rule 29.15 by untimely filing of the motion.

Movant was convicted by a jury of one count of…