PENDLETON v. STATE (2020)

Missouri Court of Appeals, Western District.

Raymond G. PENDLETON, Appellant, v. STATE of Missouri, Respondent.

WD 82879

Decided: December 01, 2020

Before Division One: Thomas N. Chapman, P.J., Mark D. Pfeiffer, and W. Douglas Thomson, JJ.

Jeffrey Esparza, Kansas City, MO, Counsel for Appellant. Julia Rives, Jefferson City, MO, Counsel for Respondent.

ORDER

Raymond Pendleton appeals from a Buchanan County Circuit Court judgment dismissing his Rule 24.035 motion following his guilty plea to a class B felony charge of driving while intoxicated. In his first point, he argues that the motion court clearly erred in dismissing his motion as untimely because circumstances outside of Pendleton's control caused his motion to be untimely. In his second point, he contends that the motion court clearly erred in dismissing his motion as untimely because Pendleton mailed his motion prior to the deadline, but the court failed to apply the “mailbox rule” which is now contained in Rule 24.035. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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