DEREK LEWIS v. STATE OF MISSOURI

WILLIAM W. FRANCIS, JR., J.

Derek Lewis (“Lewis”) appeals from the judgment of the motion court denying his amended Rule 29.15 1 motion to set aside his conviction of statutory sodomy in the first degree. See § 566.062. 2 Because the motion court failed to conduct an independent inquiry into whether Lewis was abandoned by post-conviction counsel following counsel’s untimely amended post-conviction motion, we reverse and remand for further proceedings.

We set forth only those facts necessary to complete our review. 3 In doing so, we view the evidence in the light most favorable to the motion…