Lestourgeon v. State

Appellant Timothy Lestourgeon challenges the dismissal of his Rule 24.035 motion for untimely filing. On appeal, he seeks remand for a determination of the date of his delivery to custody; he further argues the unconstitutionality of the time provisions of Rule 24.035(b).

We affirm.

Appellant pleaded guilty to distribution of a controlled substance, a class A felony. He was sentenced on May 13, 1991, to ten years’ imprisonment. On August 19, 1991, appellant filed a motion for postconviction relief on the 1988 version of Criminal Procedure Form No. 40 1 that lacked question 4(b) asking for the…