Brown v. State
Brown v. State
Opinion of the Court
Movant, Richard Duane Brown, appeals from the denial, without evidentiary hearing, of his Rule 29.15
Movant was convicted by a jury of one count of burglary, § 569.170, and one count of stealing, § 570.030. Determined to be a persistent offender under § 558.016, mov-ant was sentenced to an extended term of 10 years on each count, to run consecutively, and to run consecutively to a sentence imposed in Benton County, Missouri. A post-conviction Rule 27.26 motion resulted in the sentences being vacated. Thereafter, on February 14, 1984, movant was resentenced to the same terms. The sentences were affirmed on direct appeal. State v. Brown, 708 S.W.2d 140 (Mo. banc 1986); on remand, State v. Brown, 716 S.W.2d 436 (Mo.App. 1986).
The record clearly shows sentence was pronounced before January 1, 1988. Rule 29.15(m) provides, “[fjailure to file a
Movant’s claim of the unconstitutionality of Rule 29.15, as violative of his rights to due process under the Fifth Amendment to the United States Constitution, is without merit and is rejected. The time limitations of Rule 29.15 were found to be constitutionally valid in Day v. State, 770 S.W.2d at 695. Rule 29.15 provides for those found guilty at trial the same due process protection provided by Rule 24.035 for those entering a plea of guilty. Loewe v. State, 778 S.W.2d 331, 333 (Mo.App. 1989).
Movant’s claim that Rule 29.15 violates his rights to due process because of its claimed “res judicata” effect on the constitutional right to habeas corpus review is also without merit. The claim that Rule 29.15 suspended the writ of habeas corpus in violation of Mo. Const. art. I, § 12, was rejected in Wiglesworth v. Wyrick, 531 S.W.2d 713, 714-16 (Mo. banc 1976). The decision in Wiglesworth v. Wyrick, supra, resolves the issue against movant’s claim now asserted against Rule 29.15. Watson v. State, 778 S.W.2d 662, 664 (Mo.App. 1989).
Movant’s challenges of Rule 29.15 on constitutional grounds are also rejected because the challenges were not made before the trial court. Watson v. State, 778 S.W.2d at 664; Griffin v. State, 684 S.W.2d 425, 428 (Mo.App. 1984), and are rejected for the further reason that they were not raised at the earliest possible opportunity. Watson v. State, supra, at 664-65; Griffin, supra, at 428.
Finally, movant’s claim that the time limits of Rule 29.15 amount to a suspension of his right to habeas corpus is an issue which is not before the court. There was no pleading before the trial court seeking a writ of habeas corpus. Cheek v. State, supra, at 68.
Accordingly, the judgment is affirmed.
. References to rules and statutes are to Missouri Rules of Civil Procedure (20th ed. 1989) and RSMo 1978, except where otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.