Bond v. State
2010 Mo. App. LEXIS 1661
| Mo. Ct. App. | 2010Background
- Bond was charged in Cape Girardeau County with multiple offenses (Cases I–III).
- On February 7, 2005, Bond pled guilty in Case I and Case II; plea terms dismissed all charges except second-degree assault in Case I and provided probation.
- Bond was sentenced on November 19, 2007 to consecutive terms (5 years in Case I, 5 years in Case II, 3 years in Case III) with probation after 120 days of shock incarceration.
- The trial court rejected Bond’s plea agreement and sentenced him to a total of 13 years, with executions to be consecutive.
- Bond completed 120 days of shock incarceration, then released to five years of supervised probation on March 19, 2008.
- Bond filed pro se Rule 24.035 post-conviction motions on April 10, 2009 (amended October 16, 2009); the motion court denied relief on March 29, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bond’s Rule 24.035 motion was timely filed. | Bond contends timely filing should be measured from later events. | State asserts timely filing required from initial custody delivery. | Untimely; motion denied without hearing. |
Key Cases Cited
- State v. Shafer, 969 S.W.2d 719 (Mo. banc 1998) (claims not raised timely waived; mandatory time limits)
- Day v. State, 770 S.W.2d 692 (Mo. banc 1989) (time limits serve to avoid delay in prisoner claims)
- Bollinger v. State, 144 S.W.3d 335 (Mo. App. E.D. 2004) (timeliness measured from initial delivery to DOC)
- Crabtree v. State, 91 S.W.3d 736 (Mo. App. W.D. 2002) (timeliness based on initial delivery, not later events)