Seward v. State

Kyle Seward, defendant, appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. Defendant pleaded guilty to the class B felony of assault of a law enforcement officer in the second degree. Section 565.082, RSMo Cum.Supp.1992. Pursuant to the plea agreement, a five-year sentence was imposed to run concurrently with a prior sentence.

On appeal, the state argues for the first time that it was error for the motion court to consider the merits of defendant’s motion because he filed the motion out of time.1 This court agrees.

A Rule 24.035 motion must be filed within ninety…