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SNIPES v. STATE

No. 19044.

871 S.W.2d 114 (1994)

Jerry SNIPES, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 28, 1994.

Attorney(s) appearing for the Case

Ellen H. Flottman, Office of the State Public Defender, Columbia, for movant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

PREWITT, Judge.

Appellant contends that the trial court erred in dismissing his Rule 24.035 motion as untimely filed because the deadline imposed by that rule violated the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 10 of the Missouri Constitution. Appellant acknowledges that the time allowed by Rule 24.035(b) had expired before he filed his motion.

Appellant also acknowledges that Missouri cases have rejected such...

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