Murray v. State

CROW, Judge.

Appellant filed a motion under Rule 24.0351 for relief from a prison sentence for a felony. The motion court dismissed the proceeding because Appellant did not file the motion within the deadline set by Rule 24.035(b).

This appeal followed. Appellant’s sole point relied on is:

“The motion court clearly erred in dismissing [Appellant’s] Rule 24.035 motion as untimely filed, because the absolute deadline imposed by Rule 24.035(b) operated to arbitrarily deny him the right to due process as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article…