Dougan v. State

RICHARD B. TEITELMAN, Judge.

Mark Dougan appeals the motion court’s dismissal of his Rule 29.15 motion for post-conviction relief. Although he was convicted of a felony, Dougan was not sentenced to incarceration and has not been in the custody of the department of corrections. The motion court dismissed the Rule 29.15 motion because Dougan “has never been incarcerated.... ”

Dougan met the requirements of Rule 29.15 because he was convicted of a felony after trial and filed a timely notice of appeal. Dougan timely filed his Rule 29.15 motion because he did so within 90 days after the date the…