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Chalk v. State

Missouri Court of Appeals, Eastern District, Division Two
Feb 23, 1999
990 S.W.2d 87 (Mo. Ct. App. 1999)

Summary

holding that it was not error for the motion court to fail to appoint counsel to Rule 29.15 applicant when applicant failed to file an affidavit of indigency

Summary of this case from Bittick v. State

Opinion

No. 74876.

ORDER FILED: February 23, 1999. Motion for Rehearing and/or Transfer to Supreme Court Denied May 5, 1999. Application to Transfer Denied June 1, 1999.

APPEAL FROM: THE CIRCUIT COURT OF THE CITY OF ST. LOUIS, HON. DAVID C. MASON, J.

Nancy L. Vincent, Asst. Public Defender, St. Louis, Missouri, for appellant.

Jeremiah W. (Jay) Nixson, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, Missouri, for respondent.

Before: James R. Dowd, P.J., Lawrence G. Crahan, J., and Richard B. Teitelman, J.


ORDER


James Chalk (Movant) was convicted of first degree murder, Section 565.020, RSMo 1994, and armed criminal action, Section 571.015, RSMo 1994, and sentenced to concurrent terms of life imprisonment without parole and thirty years, respectively. Movant filed a Rule 29.15 motion for postconviction relief, but did not file an affidavit of indigency. He now appeals from the motion court's judgment denying his motion, arguing that the motion court erred in ruling on his pro se motion without appointing counsel for him and erred in denying his Rule 75.01 motion.

We have reviewed the briefs of the parties and the record on appeal and find that the motion court did not clearly err. Where a movant files no affidavit of indigency with his Rule 29.15 motion, the motion court does not commit error by failing to appoint counsel to represent him. State v. Nichols, 865 S.W.2d 435, 438 (Mo.App.E.D. 1993). No appeal is possible from the motion court's refusal to exercise its discretion to set aside or amend its judgment under Rule 75.01. State v. Sielfleisch, 884 S.W.2d 422, 431 (Mo.App.E.D. 1994).

We affirm the judgment pursuant to Rule 84.16(b).


Summaries of

Chalk v. State

Missouri Court of Appeals, Eastern District, Division Two
Feb 23, 1999
990 S.W.2d 87 (Mo. Ct. App. 1999)

holding that it was not error for the motion court to fail to appoint counsel to Rule 29.15 applicant when applicant failed to file an affidavit of indigency

Summary of this case from Bittick v. State
Case details for

Chalk v. State

Case Details

Full title:JAMES CHALK, APPELLANT, v. STATE OF MISSOURI, RESPONDENT

Court:Missouri Court of Appeals, Eastern District, Division Two

Date published: Feb 23, 1999

Citations

990 S.W.2d 87 (Mo. Ct. App. 1999)

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