Missouri Court of Appeals, Eastern District / Mar 10, 2020
Angela L. Brown, Appellant, v. State of Missouri, Respondent.
Angela Brown appealed the motion court's dismissal without prejudice of her Rule 24.035 post-conviction motion. Brown had pleaded guilty to stealing and received a suspended imposition of sentence (SIS), arguing her motion should have been held in abeyance as premature. The appellate court affirmed the dismissal, holding that a movant with an SIS lacks standing to file a Rule 24.035 motion because there is no conviction or sentence to challenge. The court clarified that such a motion is not "premature" in the sense that it should be held in abeyance, as the time for proper filing may never arise.