Missouri Court of Appeals, Eastern District / Feb 23, 2021
Sheila A. Garcia, Appellant, vs. State of Missouri, Respondent.
Sheila A. Garcia appealed the motion court's denial of her Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Garcia contended that her appointed counsel abandoned her by filing an untimely amended motion. The appellate court reversed and remanded the case, finding the record insufficient to review the motion court's determination that counsel did not abandon Garcia, despite a presumption of abandonment due to the untimely filing.