Missouri Court of Appeals, Southern District / Jan 16, 2019
DAMIEN MICHAEL BARAJAS, Movant-Respondent vs. STATE OF MISSOURI, Respondent-Appellant
Damien Michael Barajas filed a Rule 24.035 motion for post-conviction relief, which the motion court granted based on a finding that plea counsel provided ineffective assistance by erroneously stating a program completion date. The State appealed, arguing the claim was waived because it was not raised in Barajas's PCR motion. The appellate court reversed, holding that the motion court clearly erred by granting relief on a claim not presented in the movant's post-conviction motion, as such claims are waived.