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Winningham v. State

Missouri Court of Appeals, Eastern District, Division One
Feb 28, 1989
765 S.W.2d 724 (Mo. Ct. App. 1989)

Opinion

No. 55134.

February 28, 1989.

APPEAL FROM THE CIRCUIT COURT, RALLS COUNTY, RONALD R. McKENZIE, J.

Nancy McKerrow, Columbia, for movant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.


Movant appeals from the denial of his Rule 27.26 motion. His conviction had previously been affirmed on direct appeal. State v. Winningham, 733 S.W.2d 3 (Mo.App. 1987). We affirm.

Rule 27.26 has been repealed and replaced by Rule 29.15 which became effective January 1, 1988. However, since appellant was sentenced and his motion was filed prior to January 1, 1988, this proceeding is governed by the provisions of Rule 27.26. See Rule 29.15(m).

Movant contends that the court erred in denying his 27.26 motion because the State violated the Agreement on Detainers Act, § 217.490, Art. IV, Par. 5, RSMo (1986), and lost its jurisdiction over him when the State returned him to the custody of the Federal Government before final disposition of state case against him.

When, as here, a federal prisoner's appearances in a state court are obtained via writs of habeas corpus ad prosequendum rather than detainers, the Agreement on Detainers is not applicable. State v. Kelsey, 592 S.W.2d 509, 514 (Mo.App. 1979) (citing United States v. Mauro, 436 U.S. 340, 361, 98 S.Ct. 1834, 1847, 56 L.Ed.2d 329, 347 (1978)). Movant's claim of error is without merit.

The JUDGMENT IS AFFIRMED.

REINHARD and CRIST, JJ., concur.


Summaries of

Winningham v. State

Missouri Court of Appeals, Eastern District, Division One
Feb 28, 1989
765 S.W.2d 724 (Mo. Ct. App. 1989)
Case details for

Winningham v. State

Case Details

Full title:DENNIS R. WINNINGHAM, MOVANT, v. STATE OF MISSOURI, RESPONDENT

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

Date published: Feb 28, 1989

Citations

765 S.W.2d 724 (Mo. Ct. App. 1989)

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