Mitchell v. State

OPINION

GLENN A. NORTON, Judge.

Fred Mitchell appeals the judgment denying his Rule 24.0351 motion for post-conviction relief after an evidentiary hearing. We vacate the motion court’s judgment and remand the cause with directions to dismiss Mitchell’s motion because he failed to timely file his pro se motion.

I. BACKGROUND

In June 2008, Mitchell pled guilty to trafficking in the second degree. After accepting Mitchell’s plea, the plea court sentenced him to fifteen years of imprisonment but suspended the execution of that sentence and placed him on probation. In February 2010, Mitchell admitted…