Anthony R. Yagovane v. State Missouri

Anthony R. Yagovane appeals the circuit court's denial of his Rule 24.035 motion. He contends that the circuit court lacked jurisdiction to accept his guilty plea because more than 180 days elapsed after he requested Disposition of the detainer placed against him; therefore, his attorney was ineffective for not obtaining documents which would have proven that he had followed the steps outlined in § 217.490, RSMo 1994 (Agreement on Detainers). We disagree and affirm the circuit court's denial. On August 25, 1992, Lafayette County prosecutor, Tim Larimore, requested the Colorado Department of Corrections to detain Yagovane for Missouri charges of first degree tampering. Colorado authorities served the detainer to Yagovane on September 11, 1992. On September 18, 1992, Yagovane sent a request for Disposition of Detainer to the Colorado Department of Corrections. In his request, he referred only to the prosecuting attorney of Lafayette County. He did not mention the Lafayette County Circuit Court.