State v. Carrasco

Appellant filed in the trial court a motion to reduce his sentence of imprisonment for ten years for transporting marijuana. He correctly pointed out that at the time he was sentenced the maximum penalty for transporting marijuana was a term of imprisonment for not more than five years. Appellant did not file a motion for post-conviction relief as permitted by Rule 24.035 and the time for filing a Rule 24.035 motion had expired. One of the claims for which Rule 24.035 provides a basis for relief is that the sentence imposed was in excess of the maximum sentence authorized by law. Rule…