Bollinger v. State

MARY R. RUSSELL, Presiding Judge.

Jeffrey Bollinger (“Movant”) appeals from the judgment dismissing his motion for post-conviction relief as untimely. He asserts that the motion court erred in that his motion was filed within 90 days of the court’s denial of probation following his completion of a 120-day shock incarceration program. We disagree in that the motion court did not have jurisdiction to hear his untimely post-conviction motion, and thus, we also lack jurisdiction and are required to dismiss the appeal.

Movant pled guilty to the class D felonies of driving while revoked, section…