Benton v. State

Order Granting- Appellant’s Motion for Remand & Denying Respondent’s Motion to Strike One of Appellant’s Documents Attached to Appellant’s Appendix

ROBERT G. ULRICH, Judge.

Bennie L. Benton appeals the dismissal ■with prejudice without evidentiary hearing of his Rule 24.035 motion for postconviction relief for failure to timely file the motion. After filing his appeal, Mr. Benton filed, with this court, a Motion for Remand to the Motion Court For Further Proceedings on the Issue of Timeliness on August 7, 2003. Mr. Benton’s motion is granted. His sole point on appeal, that the trial court erred…