Missouri Court of Appeals, Western District / Aug 11, 2020
State of Missouri vs. Billy Joe Bellamy
Billy Joe Bellamy appealed the circuit court's denial of his motion for relief, claiming his 2014 judgment sentencing him to twenty years' imprisonment was void because the court never orally committed him to the Department of Corrections for certain counts. The appellate court determined that Bellamy's motion, though titled under Rule 74.06(b)(4), was in actuality a successive Rule 24.035 motion for post-conviction relief. Because Rule 24.035 prohibits successive motions, the court reversed the circuit court's denial and remanded with instructions to dismiss Bellamy's motion.