Kunkel v. State

CROW, Presiding Judge.

Appellant Clarence Earl Kunkel brings this appeal from an order dismissing his motion under Rule 24.035 1 to vacate his conviction of “sodomy and rape,” for which he is currently imprisoned. The meager record shows appellant “pled guilty” and was sentenced in 1984.

Appellant commenced the instant proceeding by filing a verified pro se motion to vacate in the circuit court July 6, 1988. That court dismissed the motion on the ground it was untimely filed, relying on Rule 24.035(i), which provides:

“If sentence is pronounced prior to January 1, 1988, and no prior motion has…