Phelps v. State

SHERRI B. SULLIVAN, Judge.

This appeal arises out of the trial court’s dismissal of Appellant’s postconviction relief motion for failure to file the motion within the statutory ninety-day period. We reverse and remand for further proceedings consistent with this opinion.

Appellant was convicted of four counts of forcible rape, in violation of Section 566.030 RSMo (1994),1 three counts of second degree robbery, in violation of Section 569.030, three counts of first degree burglary, in violation of Section 569.160, and two counts of forcible sodomy, in violation of Section 566.060. Appellant was…