Barnes v. State

Introduction

Michael J. Barnes (Movant) appeals from the motion court’s judgment denying, without an evidentiary hearing, his amended Rule 24.035 1 Motion to Vacate, Set Aside, or Correct Judgment and Sentence and Request for Evidentiary Hearing. We vacate the motion court’s judgment and remand the cause with directions to dismiss Movant’s motion because he failed to timely file his pro se motion.

Factual and Procedural Background

On January 22, 2009, Movant pleaded guilty to one count each of assault in the second degree (Count I), unlawful use of a weapon (Count II), and felony resisting…