Brown v. State

CROW, Judge.

On May 16, 1994, Appellant pled guilty to two felonies and was sentenced to concurrent prison terms of nine and three years. He was delivered the next day to the custody of the department of corrections to serve those sentences.

On October 17,1994, Appellant commenced the instant proceeding by filing a motion to vacate the judgment and sentences per Rule 24.035.1 The motion court appointed counsel for Appellant; counsel thereafter filed an amended motion on Appellant’s behalf.

The motion court found Appellant waived his right to proceed under Rule 24.035(b) “by failing to file [a]…