Chunn v. State

FLANIGAN, Presiding Judge.

Movant James Chunn appeals from an order dismissing, without notice or hearing, a proceeding brought by him under former Rule 27.26.1 The motion challenged the validity of movant’s convictions and sentences for burglary and stealing. On direct appeal, this court affirmed the convictions. State v. Chunn, 701 S.W.2d 578 (Mo.App.1985).

Movant contends that the trial court erred: (1) in dismissing his Rule 27.26 motion for failure to prosecute “in that there was no evidence of active participation by motion counsel, as required by Rule 27.26(h), and there was no notice to…