Staten v. State

VICTOR C. HOWARD, JUDGE

*874Walter Staten appeals from the judgment of the motion court denying his Rule 24.035 motion for postconviction relief following an evidentiary hearing. The record suggests that Staten's amended motion for postconviction relief was untimely filed. Because the motion court did not make an independent inquiry into whether Staten was abandoned by postconviction counsel as a result of the untimely filing, this court reverses the motion court's judgment and remands the case for determination of whether Staten was abandoned by postconviction counsel.

Background

Staten was charged…