George R. Gunn, Jr., Movant/Appellant, v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: George R. Gunn, Jr., Movant/Appellant, v. State of Missouri, Respondent. Case Number: 73492 Handdown Date: 05/12/1998 Appeal From: Circuit Court of Cape Girardeau County, Hon. John W. Grimm Counsel for Appellant: Gwenda Robinson Counsel for Respondent: John M. Morris, III Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Opinion: George Gunn ("Movant") appeals the denial of his Rule 29.15 motion for post-conviction relief. The trial court found the motion filed out of time. Movant was convicted of receiving stolen property after a bench trial. He filed his pro se motion on August 25, 1997, one hundred and thirty-one days after being delivered to the custody of the Department of Corrections. Movant claims the untimeliness of his motion should be excused because, for a time, he was without access to legal assistance or legal materials. Further, Movant alleged the time limits set out in Rule 29.15 are unconstitutional. Such arguments have been repeatedly rejected by the Missouri Supreme Court and this court. See Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989); State v. Woltering, 810 S.W.2d 584, 589 (Mo. App. 1991); State v. Johnson, 907 S.W.2d 311, 313 (Mo. App. 1995). The judgment is affirmed. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.