Miller v. State

CYNTHIA L. MARTIN, Judge.

Derick Miller (“Miller”) appeals the denial of his Rule 29.15 post-conviction relief motion after an evidentiary hearing. For the reasons herein explained, we reverse and vacate the judgment and remand the case for a determination of the timeliness of Miller’s post-conviction motion and for further consistent proceedings.

Factual and Procedural History1

Miller was charged with two counts of second-degree statutory rape and six counts of second-degree statutory sodomy. The trial court granted Miller’s motion for judgment of acquittal as to one count of second-degree…