Missouri Court of Appeals, Western District / Nov 20, 2018
Robert Benedict vs. State of Missouri
Robert Benedict appealed the motion court's dismissal of his Rule 24.035 post-conviction motion, which was based on the application of the escape rule. Benedict argued that the escape rule was inapplicable because the alleged error, an unauthorized sentence, arose after his return to custody. The appellate court reversed and remanded, holding that the escape rule does not apply to errors that occurred after a defendant's return to custody, and therefore the motion court clearly erred in dismissing the motion.