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104 S.W.3d 804

Mayberry v. State

Missouri Court of Appeals

Decided May 20, 2003

Missouri Court of Appeals · decided 2003-05-20

Decided 2003-05-20

¶1Order

PER CURIAM.

¶2Fentress D. Mayberry appeals the motion court’s denial of his Rule 24.035 motion without a hearing. Mayberry contends the motion court erred in denying his Rule 24.035 motion as untimely filed because he pleaded factual allegations that demonstrate that he made a good faith effort to file a timely motion and that the late filing of his motion was due to the circuit court’s failure to file-stamp the motion in a timely manner. Mayberry further contends the motion court erred in denying his Rule 24.035 motion without an evidentiary hearing because he alleged that plea counsel failed to act as a reasonably competent attorney by misleading him to believe that Mayberry’s mother thought he should plead guilty, and therefore his guilty plea was not entered knowingly and voluntarily.

¶3Affirmed. Rule 84.16(b).

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