RUSSELL v. STATE

No. 73033.

976 S.W.2d 627 (1998)

Stephen Lee RUSSELL, Defendant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

September 22, 1998.


Attorney(s) appearing for the Case

David C. Hemingway, Asst. Sp. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Gregory L. Barnes, Asst. Atty. Gen., Jefferson City, for respondent.


RHODES RUSSELL, Judge.

Stephen Lee Russell ("defendant") appeals the judgment of the Circuit Court of St. Louis County denying his Rule 24.035 motion without an evidentiary hearing. Because appellant's motion was not filed within the ninety day time period as required by Rule 24.035(b), we vacate the judgment of the motion court and remand for dismissal.

On April 22, 1996, pursuant to a plea bargain, defendant pled guilty to statutory rape in the first degree...

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