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PALERMO v. STATE

No. WD 44289.

823 S.W.2d 151 (1992)

Ronald PALERMO, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 4, 1992.

Attorney(s) appearing for the Case

David S. Durbin, Appellate Defender, Anthony C. Cardarella, Asst. Appellate Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

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

ULRICH, Judge.

Ronald P. Palermo appeals from the final order denying his Rule 24.035 motion as untimely. Mr. Palermo contends that his Rule 24.035 motion was timely filed within ninety days of his delivery into the custody of the Missouri Department of Corrections. The decision of the motion court is reversed, and the case is remanded for further proceedings.

Mr. Palermo pleaded guilty on May 12, 1988, in Jackson County to five counts of second degree burglary...

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