Supreme Court of Missouri / Apr 28, 2020
Andrew Luke Lemasters, Appellant, vs. State of Missouri, Respondent.
Andrew Lemasters appealed the judgment overruling his Rule 29.15 postconviction motion, seeking to vacate his felony statutory sodomy conviction. The Missouri Supreme Court determined that the trial court had not complied with its previous mandate in Lemasters's direct appeal, which directed the trial court to vacate the judgment on one count of statutory sodomy. Because the underlying criminal judgment was not yet final, the postconviction motion was premature. The Court vacated the motion court's judgment and remanded the case, directing that Lemasters's pro se motion be deemed filed when the time for filing a postconviction relief motion commences under Rule 29.15(b).