Opinion
ED110321
12-13-2022
JOHN BREWER, Appellant, v. STATE OF MISSOURI, Respondent.
Attorney for Appellant: Lisa M. Stroup Attorney for Respondent: Garrick F.D. Aplin
THIS SUMMARY IS NOT PART OF THE OPINION OF THE COURT. IT HAS BEEN PREPARED FOR THE CONVENIENCE OF THE READER AND SHOULD NOT BE QUOTED OR CITED.
Appeal from the Circuit Court of St. Louis County Honorable Jason D. Dodson
Attorney for Appellant: Lisa M. Stroup
Attorney for Respondent: Garrick F.D. Aplin
OPINION
Kurt S. Odenwald, J.
John Brewer ("Brewer") appeals from the motion court's denial of his Rule 29.15 amended motion for post-conviction relief following an evidentiary hearing. In his sole point on appeal, Brewer claims the motion court clearly erred in denying his motion for post-conviction relief because trial counsel was ineffective for failing to challenge and correct an erroneous jury instruction. Brewer and the State identified a timeliness issue in the record that must be addressed before reaching the merits of the amended motion.
REVERSED AND REMANDED.
SPECIAL DIVISION HOLDS: Because the record shows post-conviction counsel untimely filed the amended motion and the record lacks any showing that the motion court made an independent inquiry into abandonment, we must reverse and remand with instructions for the motion court to conduct an abandonment inquiry.
Angela T. Quigless, PJ, and Calea Stovall-Reid, SpJ, concur