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ALEXANDER v. STATE

No. 69501.

924 S.W.2d 322 (1996)

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

Missouri Court of Appeals, Eastern District, Division One.

June 25, 1996.

Attorney(s) appearing for the Case

Dave Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

KAROHL, Judge.

Movant appeals dismissal of his Rule 24.035 motion as untimely filed.

The facts and the basis for our ruling are incorporated in the State's responsive brief:

Rule 24.035(b) requires that a defendant's pro se motion "be filed within ninety days of the date the [defendant] is delivered to the custody of the department of corrections." In this case, appellant was delivered to the department...

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