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JACKSON v. STATE

No. WD 47882.

876 S.W.2d 1 (1994)

Joe JACKSON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 1994.

Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before BERREY, P.J., and KENNEDY and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 1994.

PER CURIAM.

Joe Jackson appeals the denial of his Rule 29.15 postconviction motion without an evidentiary hearing. However, the motion court failed to recognize the untimeliness of that motion and improvidently entertained its merits.

We vacate the judgment and remand the cause for dismissal.

Jackson was convicted of second degree murder after a jury trial and sentenced...

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