Gehrke v. State

PATRICIA BRECKENRIDGE, Judge.

The circuit court overruled David Gehrke’s motion for postconviction relief under Rule 24.035 after an evidentiary hearing. The judgment was not appealed, allegedly because Mr. Gehrke’s counsel did not file a notice of appeal properly. Nearly five years later, Mr. Gehrke moved to *56reopen his postconviction proceedings, claiming his counsel’s actions constituted abandonment. The motion court entered judgment overruling the motion. Mr. Gehrke appeals. After opinion by the court of appeals, this Court granted transfer. Mo. Const, art. V, sec. 10. This Court holds that…