Smith v. State

PUDLOWSKI, Presiding Judge.

Movant was convicted in 1985 of first degree robbery and sentenced to fifteen years imprisonment. On July 21, 1988 movant filed a pro se motion to vacate judgment pursuant to Rule 27.26. On January 19, 1989, counsel was appointed and an amended Rule 29.15 motion was filed. On March 7, 1989, thé state filed a motion to dismiss movant’s motion as untimely, having been filed after the June 30, 1988 deadline required by Rule 29.15(m). The court sustained the motion to dismiss, and movant appeals that ruling.

Movant raises two points. First he claims “the motion court…