Post Conviction Relief Rights Notice

Bates Counyt , Supreme Court Rule 29.07 Rgihts Notice Page 1 of 3 IN THE CIRCUIT COURT OF BATES COUNTY, MISSOURI CIRCUIT DIVISION STATE OF MISSOURI ) ) Plaintiff, ) vs. ) Case No. CR FX ) DOB: _________________ ) SSN: _________________ ) Defendant. ) POST CONVICTION RELIEF RIGHTS NOTICE The Missouri Rules of Criminal Procedure require that you be notified of the following: In the event you believe that the judgment of conviction or sentence imposed in this case: (1) Violates the constitution or laws of this state or the Constitution of the United States; including claims of ineffective assistance of trial or appellate counsel; or, (2) That this Court when imposing the sentence was without jurisdiction to do so; or, (3) The sentence imposed was in excess of the maximum sentence authorized by law; then, you must seek relief in this court pursuant to Missouri Supreme Court Rule 24.035 if you have pled guilty; or, Missouri Supreme Court Rule 29.15 if you had a trial, by filing a motion to vacate, set aside or correct the judgment or sentence. This method of relief is the exclusive procedure by which you may seek relief for the claims enumerated above. You must understand any motion to vacate, set aside, or correct the judgment or sentence: (1) Must, if you pled guilty and did not appeal your conviction(s), be filed in this Court within one hundred eighty (180) days of the date you are delivered to the custody of the Missouri Department of Corrections. (2) Must if you had a trial by jury or by the court, be filed in this Court: 1/11/2005<<<<<<<<<********>>>>>>>>>>>>> 2Bates Counyt , Supreme Court Rule 29.07 Rgihts Notice Page 2 of 3 (a) If you have not appealed your conviction(s) and sentence(s), within one hundred eighty (180) days of the date you are delivered to the custody of the Missouri Department of Corrections; or, (b) If you appealed your conviction(s) and sentence(s), within ninety (90) days after the mandate of the appellate court is issued affirming your conviction. (3) Failure to file the motion within the time limit that applies to your case shall constitute a complete waiver by you of any rights you have under these rules, or any claim you could have raised in a motion under these rules. (4) There is a Criminal Procedure Form #40 available for your use in filing this motion, and that form will be made available to you upon request to the Missouri Department of Corrections. (5) There will be no cost deposit required for you to file this motion. (6) The motion to vacate shall include every claim known to you fo r vacating, setting aside or correcting your judgment or sentence. You shall declare in the motion that you have listed all claims for relief known to you and acknowledge that you understand that you waive any claim for relief known to you that is not included in your motion. (7) If you are indigent and file such motion on your own, an attorney will be appointed to represent you. (8) You are entitled to file only one such motion. (9) There are provisions under both Rule 24.035 and 29.15 allowing an amended motion within strict time limits. (10) Your motion is to be filed with the Circuit Clerk of this Court with two extra copies. Your motion is not considered filed until the day the Circuit Clerk received it. I acknowledge that I have read the foregoing (or had it read to me); that I understand it; and, that a complete copy of this form has been given to me. Date signed: ____________________________ _______________________________________ Defendants Signature _______________________________________ Witness to Defendants Signature 1/11/2005<<<<<<<<<********>>>>>>>>>>>>> 3Bates County, Supreme Court Rule 29.07 Rights Notice Page 3 of 3 Date Signed Defendant Witness to Defendants Signature 1/11/2005