Hoover v. State

FLANIGAN, Chief Judge.

Movant Michael Hoover appeals from a denial, without evidentiary hearing, of his Rule 24.0351 motion seeking to vacate a judgment and sentence on a plea of guilty to a charge of sexual abuse in the first degree. Movant was sentenced to five years in the Department of Corrections, but execution of the sentence was suspended and he was placed on probation. Later probation was revoked and the sentence was ordered to be executed.

Movant’s first point is that his original motion, filed pro se, was timely, and the trial court erred in ruling otherwise. “The motion shall be…