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779 S.W.2d 255

McBenge v. State

Missouri Court of Appeals

Decided July 18, 1989

Missouri Court of Appeals · decided 1989-07-18

Relies on State v. McBenge

Decided 1989-07-18

PUDLOWSKI, Chief Judge.

¶1In January of 1987, Cecil R. McBenge, was convicted of attempted robbery and armed criminal action. He was sentenced to two consecutive terms of fifteen years imprisonment. This court affirmed mov-ant’s conviction and sentence on direct appeal. State v. McBenge, 745 S.W.2d 766 (Mo.App.1988). Movant then filed a Supreme Court Rule 29.15 motion. The motion court dismissed movant’s 29.15 motion without an evidentiary hearing as untimely. Movant appeals.

¶2In his brief, movant acknowledged that his motion was filed after the June 30,1988 deadline. The relevant Section of Rule 29.-15(m) provides, “failure to file a motion on or before June 30, 1988, shall constitute a complete waiver of the right to proceed under this Rule 29.15.”

¶3The motion court’s judgment is affirmed.

CRANDALL and CARL R. GAERTNER, JJ., concur.
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