IN THE CIRCUIT COURT OF PIKE COUNTY, MISSO| WL ED DIVISION 4 q APR 29 2019 HARLES ERICKSON ) Petitioner ) PRE CSL COURT, ) —- vs. ) Cause No. 18PI-CC00066 ) DAN REDINGTON ) Respondent ) DECISION, JUDGMENT, AND ORDER 1. On December 11, 2018, petitioner filed his petition for writ of habeas corpus with exhibits pursuant to Rule 91, An amended petition by consent was filed on February 19, 2019. The Court takes judicial notice of all exhibits filed by the petitioner in this matter and said exhibits are admitted into the record on this matter. 2. The respondent filed its response with exhibits on April 5, 2019, and the court takes judicial notice of all exhibits filed by respondent in this matter and said exhibits are admitted into the record on this matter. 3. A defendant who fails to raise a challenge to his conviction on direct, appeal or in a timely post-conviction proceeding has procedurally defaulted on those claims. 4. This court finds that the petitioner freely, knowingly, and voluntarily entered a guilty plea to second-degree murder, first-degree robbery, and armed criminal action on November 4, 2004, pursuant to a plea agreement. On December 5, 2005, petitioner was sentenced to serve fifteen-year concurrent sentences on the murder and robbery counts and a consecutive ten-year sentence on the armed criminal action count. At sentencing, petitioner was advised of his post-conviction rights under Rule 24.035. Petitioner failed to raise a challenge to his guilty plea and conviction by timely filing a motion for post-conviction remedy under Rule 24.035. Therefore, petitioner has procedurally defaulted on his claim that his sentence and conviction violates the laws or Constitution of the State of Missouri, or that his conviction violates the Constitution of the United States.CONCLUSION WHERFORE, this court finds that the petitioner has procedurally defaulted on his claim and that petitioner’s request for habeas relief is denied. Judgment is entered on behalf of the respondent. SO ORDE] April 29, 2019 oe Milan-Bérry