Lewis v. State

HANNA, Judge.

This appeal concerns the dismissal for untimely filing of a Rule 24.035 motion that movant Paul R. Lewis filed before the deadline imposed by Rule 24.035(b), but without the two required copies mandated in Rule 24.035(c). Under Rule 24.035(b), the movant’s failure to file a motion within ninety days after his delivery to the custody of the department of corrections constitutes a complete waiver of any right to proceed under the rule. Rulé 24.035(c) provides:

Clerk’s Duties. Movant shall file his motion and two copies thereof with the clerk of the trial court. The clerk shall…