Valdez v. State

PHILLIP R. GARRISON, Judge.

Ricardo Olivo Valdez (“Movant”) appeals from the dismissal of his motion for post-*878conviction relief filed pursuant to Rule 24.035.1 On appeal, Movant alleges that the motion court clearly erred in dismissing his motion as untimely filed because the absolute deadline imposed by Rule 24.035 denied him the right to due process in that the Rule allows no provision for the late filing of a post-conviction motion for good cause shown.

Movant pled guilty to drug trafficking in the second degree in violation of Section 195.223. The trial court sentenced Movant to eight years…