Cowans v. State

SHANGLER, Presiding Judge.

The movant Cowans brought a motion under Rule 24.035 to set aside a conviction and seven-year sentence rendered upon a plea of guilty to the sale of marihuana. The plea was entered on May 23, 1988, and the movant was received by the department of corrections on May 24, 1988. The motion under Rule 24.035 was marked filed by the clerk of the trial court on August 25,1988 — ninety-two days after the movant was delivered to the custody of the department of corrections. 1

At the hearing on the Rule 24.035 motion as amended by appointed counsel, and before the reception of…