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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law: Post-Conviction Motion – Timeliness – Clerk’s Mistake

Criminal Law: Post-Conviction Motion – Timeliness – Clerk’s Mistake

Garcia v. State (MLW No. 59977/Case No. WD69671 - 3 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where a defendant filed a motion tp challenge his guilty plea within the 180-day time period required under Rule 24.035, the trial court erred in finding that the motion was not timely filed after the clerk's office ...