Boydston v. State

THOMAS H. NEWTON, Judge.

Mr. Clay Boydston appeals the order dismissing his motion for postconviction relief. The issues raised concern the validity of the postconviction relief pleadings and the motion court’s order under Rule 24.035.1 We reverse and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

On June 19, 1995, Clay Boydston, pled guilty to one count of sexual abuse in the first degree, a class D felony, as defined in § 566.100, RSMo Supp.1993, in Cass County Circuit Court. He was sentenced to five years imprisonment, and the Honorable Mary…