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LESTOURGEON v. STATE

No. WD 45996.

837 S.W.2d 588 (1992)

Timothy LESTOURGEON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

September 29, 1992.

Attorney(s) appearing for the Case

Lew Anthony Kollias, Asst. Public Defender, Columbia, for appellant.

William L. Webster, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and SHANGLER and FENNER, JJ.

PER CURIAM.

Appellant Timothy Lestourgeon challenges the dismissal of his Rule 24.035 motion for untimely filing. On appeal, he seeks remand for a determination of the date of his delivery to custody; he further argues the unconstitutionality of the time provisions of Rule 24.035(b).

We affirm.

Appellant pleaded guilty to distribution of a controlled substance, a class A felony. He was sentenced on May 13, 1991, to ten years' imprisonment. On August...

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