PENN v. STATE

No. ED 87648.

209 S.W.3d 533 (2006)

Stanley D. PENN, Movant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

December 26, 2006.


Attorney(s) appearing for the Case

Matthew M. Ward, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa M. Kennedy, Asst. Atty. Gen., Jefferson City, MO, for respondent.


LAWRENCE E. MOONEY, Judge.

The movant, Stanley Penn, appeals the dismissal of his pro se Rule 29.15 motion for post-conviction relief by the Circuit Court of Gasconade County. The court dismissed the motion for two distinct reasons: because the court believed the motion was not timely filed and because the movant neglected to sign it. We reverse and remand because the motion was timely filed, and the movant should have the opportunity to correct his omitted...

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