Reginald D. Banks, Appellant, v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Reginald D. Banks, Appellant, v. State of Missouri, Respondent. Case Number: WD60551 Handdown Date: 10/15/2002 Appeal From: Circuit Court of Jackson County, Hon. Lisa White Hardwick Counsel for Appellant: Vanessa Caleb and Jeannie Marie Willibey Counsel for Respondent: John Munson Morris and Shaun Mackelprang Opinion Summary: Reginald Banks appeals the dismissal of his Rule 29.15 motion for post-conviction relief, in which the court held that the motion was untimely filed. The state concedes that the court erred. REVERSED AND REMANDED. Division holds: Banks' Rule 29.15 motion was timely filed, and the court erred in dismissing his motion. Citation: Opinion Author: Ronald R. Holliger, Judge Opinion Vote: REVERSED AND REMANDED. Smart, Jr., P.J., and Ulrich, J., concur. Opinion: Reginald Banks appeals a judgment dismissing his Rule 29.15 motion as being untimely filed. This court issued its mandate affirming his convictions on January 26, 2001. Banks' pro se motion was filed forty-five days after the mandate, well within the time allowed by Rule 29.15. The State concedes that Banks mistakenly checked the "No" box on Form 40 asking whether there had been a direct appeal. If there had been no direct appeal his post-conviction motion would have been untimely. The State joins with Banks in asking that the case be remanded for further proceedings. The judgment is reversed and remanded. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.