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Criminal Law-Post-Conviction Relief-Abandonment Inquiry
Staff Report//May 13, 2026//
Defendant appealed the denial of his motion to set aside his conviction for first-degree harassment, alleging ineffective assistance of trial counsel. However, appointed counsel filed defendant’s amended motion 296 days after the transcript was filed. The trial court conducted an evidentiary hearing and denied the amended motion.
Where appointed counsel failed to file a timely amended motion, the trial court erred in failing to hold an abandonment inquiry.
Judgment is vacated and remanded.
Light v. State (MLW No. 84771/Case No. SD39030 – 6 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Dent County, Seay, J. (Matthew William Vineyard, Jefferson City for appellant) (Izaac Anthony Herebia, Jefferson City for respondent)
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