Corwin v. State

Jacob Corwin appeals the denial of his Rule 29.15 motion.1 We agree with both parties that we must reverse and remand per Moore v. State, 458 S.W.3d 822 (Mo. banc 2015).

After we affirmed Corwin’s conviction for attempted forcible rape (State v. Corwin, 295 S.W.3d 572 (Mo. App. 2009)), he timely moved pro se for Rule 29.15 relief. Appointed counsel filed an untimely amended motion. Seven months later, newly retained counsel filed a second amended motion that the motion court ultimately denied without first determining whether Corwin had been abandoned.2

When an amended motion is untimely, the…