Unnerstall v. State

MOONEY, Judge.

Movant, Bernard Unnerstall, appeals from the judgment denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Movant alleges error in the motion’s denial, but because the motion was untimely filed, we vacate the judgment of the motion court and remand for dismissal of Movant’s Rule 24.035 motion.

Movant was delivered to the Department of Corrections on April 9, 1999. He filed a pro se Rule 24.035 motion, which he signed and had notarized on June 26, 1999. In his brief, Movant asserts the motion was filed in Franklin County Circuit Court on July 7,…