Montez Thomas v. State of Missouri

ROBERT G. DOWD, JR., Judge

Montez Thomas (“Movant”) appeals from the judgment denying his Rule 24.035 motion without a hearing. We reverse and remand.

We are compelled under Moore v. State to examine the timeliness of amended motions in each post-conviction case on appeal, even if the issue is not raised by either party. 458 S.W.3d 822 (Mo. banc 2015). Rule 24.035(g) provides that where, as here, no appeal of the judgment sought to be vacated, set aside or corrected is taken, “the amended motion shall be filed within sixty days of the earlier of: (1) the date both a complete transcript…