Jones v. State
2013 Mo. App. LEXIS 300
| Mo. Ct. App. | 2013Background
- Movant Terrion L. Jones pleaded guilty in 2010 to first-degree burglary, stealing under $500, and forcible sodomy; court sentenced as stated and he was delivered to DOC custody in Feb 2011.
- Jones filed a pro se Rule 24.035 post-conviction motion in Sept 2011; counsel appointed later that month and amended motion filed Jan 2012 after additional time.
- The motion court denied an evidentiary hearing and denied the motion on merits; the judgment is appealed.
- Rule 24.035 requires (1) timely filing within 180 days after delivery to DOC custody unless an exception applies.
- The record shows the original pro se motion was stamped Sept 9, 2011, 198 days after delivery, with no timely basis argued.
- Court holds the motion was untimely and must be dismissed, vacating the judgment and remanding for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rule 24.035 motion was timely filed. | Jones argues the record supports a basis for relief. | State contends the motion was filed outside 180-day limit and must be dismissed. | Untimely filing requires dismissal; motion denied on timeliness grounds. |
Key Cases Cited
- Gehrke v. State, 280 S.W.3d 54 (Mo. banc 2009) (mandatory timeliness rule; untimely motions dismissed)
- Dorris v. State, 360 S.W.3d 260 (Mo. banc 2012) (burden on movant to show timely filing)
- Mitchell v. State, 386 S.W.3d 198 (Mo. App. E.D. 2012) (amendment cannot cure untimeliness of original motion)
- Barnes v. State, 364 S.W.3d 765 (Mo. App. E.D. 2012) (State cannot waive noncompliance with time constraints; movant's rights waived)
- Day v. State, 770 S.W.2d 692 (Mo. banc 1989) (time limits serve end of avoiding delay and stale claims)