Counts v. State

ROBERT S. BARNEY, Presiding Judge.

Appellant James E. Counts (“Movant”) appeals the motion court’s denial following an evidentiary hearing of his “SECOND AMENDED MOTION TO VACATE, SET ASIDE OR CORRECT JUDGMENT AND SENTENCE” filed pursuant to Rule 24.035. 1 In his sole point relied on Movant asserts the motion court erred in denying his request for postconviction relief because the sentencing court failed to conduct the final hearing regarding his potential grant of probation and release from prison pursuant to section 559.115 within 120 days as required by that statute. 2

The record reveals…