Applewhite v. State

CROW, Judge.

Appellant sought post-conviction relief under. Rule 24.035.1 The motion court held the grounds for relief pled by Appellant were refuted by the files and records; consequently, the motion court entered judgment denying relief without an evidentiary hearing. Appellant brings this appeal, maintaining the motion court erred in that Appellant pled facts which, if proven, would warrant relief and which are unrefuted by the record.

As explained hereunder, Appellant’s motion for post-conviction relief was time barred by Rule 24.035(b), hence the motion court should have dismissed this…