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Case: JACOB MONTGOMERY CORWIN, Appellant,
vs.
STATE OF MISSOURI, Respondent.
Case Number: SD34619
Court: Missouri Court of Appeals, Southern District
Decision Date: 2017-09-11
Outcome: affirmed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/jacob-montgomery-corwin-appellant-v-state-of-missouri-respondent-d34619
Official Source URL: https://www.courts.mo.gov/file.jsp?id=117534
Related Practice Areas:
- Criminal Law: https://ott.law/practice-areas/criminal-law?ott_archive=missouri-courts&ott_archive_practice_area=criminal-law&ott_archive_query=JACOB+MONTGOMERY+CORWIN%2C+Appellant%2C%0Avs.%0ASTATE+OF+MISSOURI%2C+Respondent.&ott_archive_link_source=tag&ott_archive_link_score=26&ott_archive_link_evidence=tag%3A+criminal-law%3B+text%3A+state+of+missouri&ott_archive_location=opinion_plain_text_practice_area (slug: criminal-law; source: tag; score: 26; evidence: tag: criminal-law, text: state of missouri, text: conviction)

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## Syllabus

JACOB MONTGOMERY CORWIN,      ) 
           ) 
   Appellant,       ) 
           )   No. SD34619 and SD34721 
 vs.          )                Consolidated 
           )  
STATE OF MISSOURI,        )   FILED: September 11, 2017 
           )   
   Respondent.       ) 
 
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY 
 
Honorable Thomas E. Mountjoy, Judge 
 
REVERSED AND REMANDED WITH DIRECTIONS 
(Before Bates, J., Scott, J., and Francis, J.)

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## PER CURIAM.  Jacob Corwin appeals the denial of his Rule 29.15 motion.

1
  We 
agree with both parties that we must reverse and remand per Moore v. State, 458 
S.W.3d 822 (Mo. banc 2015). 
 After  we  affirmed  Corwin's  conviction  for  attempted  forcible  rape  (State  v.  
Corwin,  295  S.W.3d  572  (Mo.App.  2009)),  he  timely  moved  pro  se  for Rule  29.15  
                                                 
1
  We  address  two  consolidated  appeals,  one  from  the  motion  court's  original  order 
(SD34619) and one from a later amended order (SD34721). 

2 
 
relief.    Appointed  counsel  filed an  untimely  amended  motion.    Seven  months  later,  
newly  retained  counsel  filed  a  second  amended  motion  that  the  motion  court  
ultimately denied without first determining whether Corwin had been abandoned.
2
 
When  an  amended motion is untimely, the motion court must independently 
inquire and determine whether abandonment occurred.  Moore, 458 S.W.3d at 825.  
Such an inquiry is necessary to determine which motion should be adjudicated.  Id. 
at  826.    "When  the  independent  inquiry  is  required  but  not  done,  this  Court  will  
remand the case because the motion court is the appropriate forum to conduct such 
an inquiry."  Id.   
 We reverse and remand to the motion court to conduct a Moore abandonment 
inquiry  and  for  further  proceedings  consistent  with  Rule  29.15.    Other  points  on  
appeal are denied as moot.  
 
                                                 
2
  Although  the  motion court  requested  a  proposed  order  concerning  abandonment,  
the record contains no order (proposed or otherwise) determining the matter.