Bearden v. State

Todd Bearden appeals a judgment overruling his amended Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing.1 Bearden’s amended motion was untimely, but the motion court did not conduct an abandonment inquiry. Consequently, the judgment is reversed, and the case is remanded.

Factual and Procedural Background

The state charged Bearden with two counts of the class C felony of possession of a chemical with the intent to create a controlled substance in violation of § 195.420, RSMo. Supp. 2010.2 Bearden pleaded guilty to both charges. The circuit court sentenced Bearden to…