Wagner v. State

Introduction

Kendrick Wagner (Movant) appeals from the motion court’s judgment dismissing with prejudice his motion for post-conviction relief pursuant to the escape rule. We dismiss the appeal pursuant to the escape rule.

Factual and Procedural Background

On October 9, 2003, Movant pled guilty to possession of a controlled substance (modafmil), a class C felony in violation of Section 195.202. 1 At the plea hearing, Movant requested that sentencing be continued until December 12, 2003. The State’s sentencing recommendation was: “If [Movant] appears on time for sentencing on December 12th, the…