Blanton v. State
Missouri Court of Appeals
1Opinion of the Court
PAUL M. SPINDEN, Presiding Judge.
James A. Blanton appeals the circuit court’s judgment denying his Rule 24.035 motion to set aside his conviction based on his pleading guilty to two counts of the Class B felony of sale of a controlled substance. The state contends that we lack jurisdiction in this action because Blan-ton’s Rule 24.035 motion was unsigned. We agree and dismiss his appeal.
Blanton filed his motion to vacate, set aside or correct the judgment and sentence on March 11, 2003, but did not sign the motion. An unsigned motion for post conviction relief is a nullity and does not invoke…
2Cases cited5 opinions
- Luleff v. StateSupreme Court of Missouri · 1991
- Malone v. StateSupreme Court of Missouri · 1990
- State v. WhiteSupreme Court of Missouri · 1994
- Wallingford v. StateSupreme Court of Missouri · 2004
- Tooley v. StateSupreme Court of Missouri · 2000
3Cited by5 opinions
- Denny v. StateMissouri Court of Appeals · 2005
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- Henderson v. StateMissouri Court of Appeals · 2006
- Purham v. StateMissouri Court of Appeals · 2006
- Penn v. StateMissouri Court of Appeals · 2006