Rhodes v. State

Gary M. Gaertner, Jr., Judge

Introduction

Mario G. Rhodes (Movant) appeals the motion court’s denial of his motion for post-conviction relief under Rule 24.0351 without an evidentiary hearing. Because we are unable to determine the timeliness of his amended motion, we must reverse.

Background

Movant pled guilty to one count of assault in the first degree, one count of armed criminal action, one count of unlawful use of a weapon, and assault in the third degree. The plea court sentenced Movant to concurrent prison terms totaling ten years. Movant timely filed a pro se motion for post-conviction…