Allen v. State

DOWD, Presiding Judge.

Movant appeals the denial of his Rule 29.15motion without an evidentiary hearing. Affirmed.

In 1982, movant was convicted of armed robbery after a jury trial and sentenced to twenty years imprisonment. The conviction was affirmed on direct appeal. State v. Allen, 663 S.W.2d 336 (Mo.1983). On March 30, 1988, movant filed a pro se Rule 29.15motion. The motion requested post-conviction relief because the trial court refused to give a non-MAI instruction on identification.

The motion court denied this motion without an evidentiary hearing. The court noted that the direct…