Hall v. State
2012 Mo. App. LEXIS 1096
| Mo. Ct. App. | 2012Background
- Sterling Hall appeals the denial of postconviction relief under Rule 24.035 after pleading guilty to felony possession and misdemeanor drug paraphernalia with probation terms.
- Trial court sentenced Hall to 15 years’ imprisonment for felony possession and 1 year for paraphernalia, suspended execution, with probation on both counts.
- Probation was revoked in Oct. 2009, and Hall was ordered into a 120-day DOC drug treatment program under Section 559.115.
- Hall contends he was delivered to the DOC for treatment around Oct. 19, 2009; he was released Feb. 11, 2010 and again placed on supervised probation.
- In Jan. 2011, probation was revoked again and the previously-imposed sentence was executed; Hall was delivered to the DOC on or about Jan. 24, 2011.
- Hall filed pro se Rule 24.035 motion on Mar. 21, 2011, amended it later, and sought an evidentiary hearing; the motion court denied relief and Hall appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hall timely filed under Rule 24.035 | Hall's initial DOC delivery in 2009 triggered the 180-day clock. | Clock started at initial delivery and elapsed long before March 2011. | Motion untimely; appeal dismissed. |
Key Cases Cited
- Hall v. State, 992 S.W.2d 895 (Mo.App. W.D.1999) (delivery to DOC starts Rule 24.035 clock)
- Andrews v. State, 282 S.W.3d 372 (Mo.App. W.D.2009) (delivery triggers 180-day period; limits are mandatory)
- Searcy v. State, 103 S.W.3d 201 (Mo.App. W.D.2003) (timeliness doctrine for postconviction relief)
- Crabtree v. State, 91 S.W.3d 736 (Mo.App. W.D.2002) (timeliness of Rule 24.035 motion)
- Day v. State, 770 S.W.2d 692 (Mo. banc 1989) (mandatory, strict time limits for Rule 24.035)
- State v. Shafer, 969 S.W.2d 719 (Mo. banc 1998) (failure to file within time waives rights under Rule 24.035)