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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-10-06
Type Cc Motn, Rules 29.15 Or 24.035
Docket 14 entries
Disposition dismissed

Parties

Defendant State Of Missouri
Photo of Hon. Porter, Jill

Judge

Hon. Porter, Jill

Dallas County (MO)

Missouri

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Docket Entries

  1. et Filed in Circuit Ct
  2. ffender Mail Received MAILED CERTIFIED DOCKET SHEETS TO DFT. WE DO NOT HAVE A WAY TO NOTARIZE THE DOCKET SHEETS .25
  4. ismissed by Parties
  6. earing/Trial Cancelled Associated Entries: 10/11/2023 - Dismissal Hearing Scheduled Scheduled For: 12/06/2023; 3:00 PM; JILL PORTER; Polk
  7. ote to Clerk eFiling Filed By: ARTHUR ELLIS ALLEN
  8. otice of Dismissal notice of voluntary dismissal; waiver form signed by movant; Electronic Filing Certificate of Service. Filed By: ARTHUR ELLIS ALLEN On Behalf Of: MARK JOSEPH HATCHER
  9. ismissal Hearing Scheduled Associated Entries: 11/28/2023 - Hearing/Trial Cancelled Scheduled For: 12/06/2023; 3:00 PM; JILL PORTER; Polk
  10. udge/Clerk - Note Public Defender appointed to represent the Defendant. Court notes Defendant entered his plea of guilty to the Class D felony of possession of a controlled substance as a prior and persistent offender on 10/16/19. On that same date the Defendant was sentenced to 7 years in the Department of Corrections with sentences to run concurrent. The execution of sentence was suspended and the defendant was placed on five years probation. After the sentencing, on that same date, the Defendant was advised of his rights to proceed under rule 24.035. The defendant was discharged from probation on 7/17/23 as the Court determined it did not have jurisdiction over the matter as a motion to revoke was not filed by the prosecutor during the defendant's term of probation. On October 6, 2023 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 April 13, 2020, and therefore appears to have been filed approximately 1271 days too late. A moving Court has no authority to consider an untimely motion. Court sets case for dismissal hearing on December 6, 2023 at 3:00 pm. Clerk to send Notice of Entry to Defendant, Prosecuting Attorney and Public Defenders Office. JSP 05
  11. udge Assigned
  12. udge/Clerk - Note Copy of Motion to Vacate Set Aside or Correct the Judgment or Sentence sent to PA, Plaintiff and Public Defender 05
  13. ot to Proc In Forma Pauperis
  14. otion to Set Aside

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