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LEVY v. STATE

No. 73412

968 S.W.2d 263 (1998)

Sandra LEVY, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

May 19, 1998.

Attorney(s) appearing for the Case

Raymund J. Capelovitch, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANE, P.J., and RHODES RUSSELL and JAMES R. DOWD, JJ.

ORDER

PER CURIAM.

Movant Sandra Levy appeals the judgment dismissing her Rule 24.035 motion for postconviction relief as untimely. Movant concedes her Rule 24.035 motion was untimely because she did not file it within 90 days after she was delivered to the Missouri Department of Corrections on March 12, 1993. However, she challenges the constitutionality of the Rule 24.035 time requirements. The Missouri Supreme Court has held that the time limits...

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