Roberts v. State
407 S.W.3d 89
| Mo. Ct. App. | 2013Background
- Roberts pleaded guilty to Counts I–III on February 9, 2006.
- Sentences on March 16, 2006: seven and six years for Counts I and II, and five years for Count III to be served consecutively.
- Court retained jurisdiction under §559.115, then ordered institutional treatment and delivery to the DOC.
- Roberts completed institutional treatment; probation granted July 6, 2006.
- Probation revoked December 18, 2009; Roberts delivered to DOC January 11, 2010; filed Rule 24.035 motion March 22, 2010; State agreed it timely, but the motion was ultimately deemed untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rule 24.035 motion was timely filed. | Roberts argues timely under 180 days from custody. | State agrees timely filing, or at least raises timeliness later. | Motion untimely; dismissed. |
Key Cases Cited
- Hall v. State, 380 S.W.3d 583 (Mo.App.2012) (timeliness governs post-conviction relief under Rule 24.035)
- Dorris v. State, 360 S.W.3d 260 (Mo.banc 2012) (courts enforce mandatory time limits despite noncompliance by movant)
- Miller v. State, 386 S.W.3d 225 (Mo.App.2012) (timeliness issue raised in appeal procedures)
- In re T.B., 963 S.W.2d 252 (Mo.App.1997) (State cannot waive movant’s time limits)