Whitney v. State

GARY M. GAERTNER, Judge.

Appellant, Charles Whitney (“movant”), appeals the judgment of the Circuit Court of the City of St. Louis dismissing his Rule 24.035 motion for post-conviction relief as untimely. We reverse and remand.

On November 19, 1984, movant pleaded guilty to first degree robbery in violation of RSMo section 569.020 (1978). The trial court sentenced him to twenty years of imprisonment in the Missouri Department of Corrections. At the time of sentencing, movant was serving a twenty-five year sentence in a federal penitentiary on an unrelated federal ease. The trial court ordered…