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- ote to Clerk eFiling Filed By: ARTHUR ELLIS ALLEN
- ntry of Appearance Filed entry as substitute counsel; Electronic Filing Certificate of Service. Filed By: ARTHUR ELLIS ALLEN On Behalf Of: TIMOTHY E. BOSTWICK
- udge/Clerk - Note Notice sent to Judge Hacket by email.
- ertificate of Delivery
- ismissal Hearing Scheduled Scheduled For: 05/05/2025; 1:30 PM; JAMES ANDREW HACKETT; Dallas
- udge/Clerk - Note Court reviews filing. Public Defender appointed to represent the Defendant. Court notes Defendant entered his plea of guilty to Domestic Assault on May 13th, 2021. On that same date the Defendant was sentenced to six years in the Department of Corrections under 217.362 RSMo (Long Term Treatment). On that same date, the Defendant was advised of his rights to proceed under rule 24.035. On March 5th, 2025, the Defendant filed a motion to Vacate, Set Aside or Correct Sentence pursuant to Rule 24.035. A post-conviction motion filed after a plea of guilty from which there was no direct appeal must be filed within 180 days of the date the movant is sentenced unless an appeal is taken. Rule 24.035(b). The time limits in the post-conviction rules are mandatory and must be strictly enforced. Hall v. State, 380 S.W.3d 583, 585 (Mo. App. E.D. 2012). If the movant does not file the motion in a timely fashion, the result is a complete waiver of the right to proceed under the rule. Rule 24.035(b); Asher v. State, 390 S.W.3d 917, 918 (Mo. App. E.D. 2013). "Failure to file a timely motion procedurally bars a movant from seeking relief under the rule." Matthews v. State, 863 S.W.2d 388, 390 (Mo. App. S.D. 1993). Neither the motion court nor the appellate court has authority to consider the merits of claims raised in an untimely filed post-conviction motion. Miller v. State, 386 S.W.3d 225, 227 (Mo. App. W.D. 2012). Furthermore, "Rule 24.035 contains no authority for extension of the deadline for filing a motion for post[-]conviction relief." Leatherwood v. State, 898 S.W.2d 109, 111 (Mo. App. S.D. 1995). It would appear Defendant's motion should have been filed on or before November 9th, 2021, and therefore appears to have been filed approximately 1,212 days too late. A moving Court has no authority to consider an untimely motion. Court sets case for dismissal hearing on May 5th,2025 at 1:30 p.m. Clerk to send Notice of Entry to Defendant, Prosecuting Attorney and Public Defenders Office. JAH
- udge Assigned
- udge/Clerk - Note Enotice sent to PA; and hard copy placed in pick up box.
- udge Assigned
- udge Assigned
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