Johnston v. State

Russell Wayne Johnston (“Movant”) appeals the dismissal with prejudice of his Rule 24.035 motion to set aside his amended convictions and sentences for forgery and felonious restraint1 (“the pro se motion”). Because the pro se motion was untimely, and Movant did not allege circumstances beyond his control that prevented a timely filing, we affirm the dismissal.

Background

In separate criminal cases, Movant was charged with forging an endorsement on a Division of Employment Security check and feloniously restraining a woman. On April 15, 2008, Movant pleaded guilty to both crimes, entering an…