Hoskins v. State

MICHAEL A. WOLFF, Judge.

Introduction

When a court imposes sentences that appear to be contrary to statutory authority, can an appellate court review the offender’s claim as “plain error” if the offender does not raise the claim in a post-conviction motion under Rule 24.035?

The short and complete answer is no. There is no “plain error” review in appeals from denial of relief under Rule 24.035.

Rule 24.035 says that the sentenced offender must raise the claim in the Rule 24.035 motion or it is waived. 1 But, notwithstanding the language of the rule, some cases have recognized an exception— and…