Finley v. State

PREWITT, Judge.

Movant was charged with two counts of the class B felony of sodomy. He pled guilty to each charge on June 30,1983. He was sentenced to two concurrent ten-year terms of imprisonment, execution of the sentences was suspended and he was placed on probation for five years. Mov-ant’s probation was revoked on February 27,1987, and his sentences were ordered to be executed.

On July 5, 1988, movant filed a motion pursuant to Rule 24.035. On August 1, 1989, appellant’s motion was dismissed by the trial court, without an evidentiary hearing, for being untimely filed.

Movant presents two…