Baird v. State

MARYW. SHEFFIELD, C.J.—

OPINION AUTHOR

Daniel Ray Baird (“Movant”) appeals from the dismissal of his untimely pro se Rule 24.035 motion for post-conviction relief.1 In his sole point he claims his motion should be deemed timely under the “mailbox rule.” We reject this claim and affirm the motion court’s dismissal.

Factual and Procedural Background

Movant plead guilty to one count of second-degree robbery, one count of second-degree murder, and one count of armed criminal action. He was delivered to the Department of Corrections to begin serving his thirty-five year sentence on October 25, 2013.

On…