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statuteappealmotionfelony
statuteappealmotionfelony

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Amsden v. State, 567 S.W.3d 241

Facts

Christopher Amsden was charged with stealing a front-end loader valued at over $25,000 and pled guilty in March 2016, receiving a ten-year sentence. Following the Missouri Supreme Court's ruling in State v. Bazell, which clarified that the stealing statute did not permit enhancement to a felony, Amsden filed a motion for post-conviction relief, arguing that his sentence exceeded the legal maximum. The circuit court initially granted relief but later reconsidered its decision after the Supreme Court determined that Bazell did not apply retroactively.

Christopher Amsden was charged with stealing a front-end loader valued at over $25,000 and pled guilty in March 2016, receiving a ten-year sentence. Following the Missouri Supreme Court's ruling in State v. Bazell, which clarified that the stealing statute did not permit enhancement to a felony, Amsden filed a motion for post-conviction relief, arguing that his sentence exceeded the legal maximum. The circuit court initially granted relief but later reconsidered its decision after the Supreme Court determined that Bazell did not apply retroactively.

Issue

Did the circuit court err in denying Amsden's post-conviction relief based on the retroactive application of the Bazell decision?

Did the circuit court err in denying Amsden's post-conviction relief based on the retroactive application of the Bazell decision?

Rule

The court applied the principle that the Bazell ruling does not apply retroactively to post-conviction relief proceedings.

The court applied the principle that the Bazell ruling does not apply retroactively to post-conviction relief proceedings.

Analysis

The court analyzed the motions filed by the State and determined that they were properly treated as motions to vacate under Rule 75.01. It found that the motion court had the authority to deny post-conviction relief more than 90 days after initially granting it, as the State's motions were timely and raised the significant issue of Bazell's retroactivity, which had not been resolved at the time of the initial ruling.

The court analyzed the motions filed by the State and determined that they were properly treated as motions to vacate under Rule 75.01. It found that the motion court had the authority to deny post-conviction relief more than 90 days after initially granting it, as the State's motions were timely and raised the significant issue of Bazell's retroactivity, which had not been resolved at the time of the initial ruling.

Conclusion

The Court of Appeals affirmed the circuit court's order denying Amsden's amended Rule 24.035 motion for post-conviction relief.

The Court of Appeals affirmed the circuit court's order denying Amsden's amended Rule 24.035 motion for post-conviction relief.

Who won?

The State prevailed in the case because the court upheld the denial of Amsden's post-conviction relief, concluding that the Bazell decision did not apply retroactively.

The State prevailed in the case because the court upheld the denial of Amsden's post-conviction relief, concluding that the Bazell decision did not apply retroactively.

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