Patrick v. State

CROW, Judge.

Jerry Lee Patrick (“movant”) appeals from a judgment denying his pro se motion under Rule 27.261 to vacate his conviction of the felonies of burglary in the second degree and stealing, for which he received consecutive sentences of 3 years’ imprisonment. Execution of the sentences was initially suspended and movant was placed on probation; however, the probation was subsequently revoked, resulting in movant’s incarceration.

Some 3 years and 4 months after the revocation, movant filed the motion to vacate. Upon its filing, the circuit court appointed the public defender to represent…