Smith v. State

PARRISH, Judge.

Charles B. Smith (movant) was convicted following pleas of guilty to attempted forcible rape and forcible sodomy. §§ 566.030 and 566.060, RSMo Supp.1993. He thereafter filed a motion for post-conviction relief as permitted by Rule 24.035. Movant appeals the motion court’s denial of that motion.

The sentences to which movant’s motion is directed were imposed June 30, 1995. His Rule 24.035 motion was filed October 4,1995. The state asserts movant waived his claim for post-conviction relief because his Rule 24.035 motion was not timely filed.

Because movant’s sentences were…