Bonar v. State

SPINDEN, Judge.

George Bonar appeals the denial of his Rule 24.035 motion. He seeks remand on the ground that his motion attorney abandoned him by virtue of not filing an amended motion and relying instead on the motion Bonar had prepared.

In postconviction proceedings, abandonment results from a motion counsel’s failure to file an amended motion when the record makes no showing of motion counsel’s compliance with Rule 24.035(e).1 Luleff v. State, 807 S.W.2d 495, 497-98 (Mo. banc 1991). When the record shows no activity by motion counsel on the movant’s behalf, the motion court must make a sua…