Where a defendant challenged the denial of his post-conviction relief motion as untimely, the motion court was required to give appointed counsel the opportunity to file the amended motion to assert any additional facts including that the pro se motion was untimely filed or whether the circumstances of filing fell within an exception to the Rule 29.15 time limits, and the judgment is reversed and remanded for the motion court to allow appointed counsel 30 days, unless counsel renews the request for a second extension, to file an amended motion or statement explaining the actions that counsel took to ensure that no amended motion was needed.
Judgment is reversed and remanded.
Gilkey v. State (MLW No. 74966/Case No. WD83071 – 6 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Saline County, Rolf, J. (Jeannie Willibey, Kansas City, Missouri, for appellant) (Justin Moody, Jefferson City, for respondent).