McPherson v. State

GARY M. GAERTNER, JR., Judge.

Introduction

Donn McPherson (Movant) appeals from the motion court’s judgment denying on the merits his amended motion under Rule *11424.0351 without an evidentiary hearing. We vacate the judgment and remand with instructions to dismiss the Rule 24.035 motion, because Movant failed to timely file his pro se motion.

Background

Movant pleaded guilty to one count of the class A felony of robbery in the first degree, and the trial court sentenced him to ten years’ imprisonment. He did not appeal the sentence or judgment. He was delivered to the Department of Corrections on…