Missouri Court of Appeals, Southern District / Aug 21, 2020
JOHNATHAN J. YOUNG, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Johnathan Young appealed the dismissal of his Rule 24.035 motion for post-conviction relief, which the motion court found untimely. Young argued his motion was timely because the 180-day filing period should have started when his probation was revoked and his sentence executed in 2015, not when he was initially delivered to the Department of Corrections (DOC) in 2012 for a drug treatment program as a condition of probation. The appellate court affirmed the dismissal, holding that delivery to DOC for an institutional drug treatment program, even as a condition of probation, triggers the 180-day time limit for filing a Rule 24.035 motion.