Criminal Law: Post-Conviction Relief-Pro Se Motion-Timeliness

Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the pro se motion was untimely, so the judgment is vacated and remanded with directions to dismiss the motion.

Vacated.

Gatling v. State (MLW No. 74065/Case No. ED107695 – 4 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Charles County, Alessi, J. (Gwenda R. Robinson for appellant) (Eric S. Schmitt and Shaun J. Mackelprang for respondent).