Estes v. State

PREWITT, Judge.

Movant was charged with second degree assault and armed criminal action. He pled guilty on March 13, 1989 and was sentenced to imprisonment of five years on one count and three years on the second count to be served consecutively. Movant filed a 24.035 motion on June 26, 1989. The state moved to dismiss the motion for not being filed within the time limits of Rule 24.035. The motion was granted and movant appeals.

In his point movant asserts error in denying his 24.035 motion because the deadlines of the rule denied him due process rights guaranteed by the Fourteenth amendment…