Plaintiff appealed the denial of his motion for post-conviction relief, arguing that his sentence for felony stealing was unlawful under the Missouri Supreme Court decision of State v. Bazell, 487 S.W.3d 263. The trial court denied the motion as untimely.
Where plaintiff failed to file his motion within the statutory period that was triggered when plaintiff was delivered to the DOC for probation violation to complete the CODS program, motion was untimely because it was filed after plaintiff’s sentence was ordered executed for his failure to complete the CODS program.
Judgment is affirmed.
Miley v. State (MLW No. 72150/Case No ED106324 – 4 pages) (Missouri Court of Appeals, Eastern District, Dowd, J.) Appealed from Circuit Court, St. Francois County (Sandra Martinez, J.) (Kristina Starke Olson, for appellant) (Shaun J. Mackelprang, for respondent)