Hayes v. State

VICTOR C. HOWARD, Judge.

Craig Allen Hayes (Appellant) appeals from the judgment dismissing his Rule 24.035 motion as untimely because it was not filed within 90 days of December 3, 2002, the date he was delivered to the custody of the Department of Corrections (DOC). He claims his motion was timely due to the amendment to Rule 24.035(b), effective January 1, 2003, which allows a defendant who does not directly appeal his judgment or sentence 180 days, rather than 90 days, to seek relief under Rule 24.035(b). At issue is whether this amendment to Rule 24.035(b) applies to allow Appellant, who…