Tousaint E. Richard v. State of Missouri

Introduction

Tousaint Richard (Movant) appeals the judgment of the Circuit Court of Perry County denying his Rule 24.035 1 motion for post-conviction relief. On appeal, Mov-ant presents two points of error. Because Movant’s amended motion was filed untimely and the motion court made no independent abandonment inquiry, we reverse and remand.

Factual Background

In October 2012, Movant pleaded guilty to possession of marijuana with the intent to distribute. Movant was sentenced, pursuant to a plea agreement, to 120 days “shock” imprisonment, with a 15-year suspended execution of sentence. 2 '…