Missouri Court of Appeals, Southern District / Jul 23, 2020
RICHARD D. MCNABB, II, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Richard McNabb, II appealed the denial of his Rule 29.15 motion to set aside convictions for sexual exploitation of a minor and sexual misconduct involving a child. The motion court had treated his pro se motion as timely because he was not properly advised of his Rule 29.15 rights at sentencing. The appellate court vacated the motion court's order, holding that a sentencing court's failure to inform a defendant of filing deadlines does not excuse an untimely post-conviction motion. The case was remanded with directions to dismiss McNabb's motion as untimely.