Phelps v. State

LISA WHITE HARDWICK, Chief Judge.

John Phelps appeals the circuit court’s dismissal of his Rule 24.035 1 motion as untimely. Phelps contends the court improperly included the day he was delivered to the Department of Corrections (“DOC”) in calculating whether his pro se post-conviction motion was filed within the 180-day deadline set forth in Rule 24.035(b). For reasons explained herein, we reverse and remand the case to the circuit court.

Factual and Procedural History

In June 2009, Phelps pled guilty to one count of child molestation in the first degree. The court sentenced him to a term of…