Mitchell v. State

CLIFFORD H. AHRENS, Judge.

Calvin Mitchell (“Movant”) appeals the denial of his Rule 24.035 post-conviction motion without an evidentiary hearing. Movant asserts the trial court clearly erred in denying his motion without an evidentiary hearing because he suffered from ineffective assistance of trial counsel. Because the Rule 24.035 post-conviction motion was filed out of time, we vacate the judgment and remand for dismissal.

After entering a plea of guilty, movant was convicted of one count of forgery, pursuant to section 570.090 RSMo (1994), and sentenced to five years’ imprisonment which was…