Vangunda v. State

SHRUM, Chief Judge.

Melvin Vangunda (Movant) appeals from an order of the circuit court that dismissed his Rule 24.035 motion for postconviction relief. The motion court, applying Missouri’s “escape rule,” held that since Movant “fail[ed] to appear for sentencing when ordered to do so by the sentencing court” he thereby “waived his right to post-conviction relief.” We agree and affirm.

FACTS

On March 1, 1994, Movant pled guilty to passing a bad check, § 570.120, RSMo 1994, and forgery, § 570.090.1(1), RSMo 1994. The court accepted the plea agreement of five years on each charge, but did so upon…