Where an amended motion was untimely, the matter is reversed and remanded for a determination of whether the defendant was abandoned by post-conviction counsel, and the motion court lacked jurisdiction to determine whether appointed counsel abandoned the defendant after the notice of appeal was filed.
Judgment is reversed and remanded.
Guerra-Hernandez v. State (MLW No. 71473/Case No. ED105654 – 6 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Charles County, Pelikan, J. (Lisa M. Stroup for appellant) (Robert J. Bartholomew Jr. for respondent).