Stevens v. State

MARY R. RUSSELL, Judge.

Mary Stevens appeals the circuit court’s judgment dismissing her Rule 24.035 motion as untimely. The judgment is reversed, and the case is remanded as Stevens’ motion was timely filed.

Stevens pled guilty to second degree robbery and possession of a controlled substance. The circuit court accepted her guilty plea and set a date for sentencing. Prior to sentencing, she filed a Rule 29.07(d) motion to withdraw her guilty plea. On September 5, 2003, the circuit court overruled her Rule 29.07(d) motion, and she was sentenced and taken into custody.

Stevens appealed the…