Miley v. State

Joshua Miley appeals the denial without an evidentiary hearing of his Rule 24.0351 motion for post-convict ion relief. Miley claims that the motion court clearly erred because his sentence of seven years' imprisonment for committing the class C felony of stealing was unlawful under the Missouri Supreme Court's decision in State v. Bazell , 497 S.W.3d 263 (Mo. banc 2016). Because Miley's motion was untimely, however, we dismiss this appeal and remand the cause to the motion court with directions to enter an order dismissing Miley's motion.

Factual and Procedural Background

In January 2012, Miley…