ALLEN v. STATE

No. WD 55666.

986 S.W.2d 491 (1999)

Bobby G. ALLEN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 26, 1999.


Attorney(s) appearing for the Case

Rosemary E. Percival, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Linda Lemke, Asst. Atty. Gen., Jefferson City, for Respondent.

Before Chief Judge BRECKENRIDGE, Presiding, Judge JAMES M. SMART and Judge LAURA DENVIR STITH.


LAURA DENVIR STITH, Judge.

The motion court dismissed Mr. Allen's Rule 29.15 motion for post-conviction relief as untimely because it failed to show on its face that it was filed within 90 days of the date the court of appeals issued its mandate affirming his conviction. Mr. Allen appeals, alleging that his motion was timely filed within 90 days of our mandate, that the court's own file contained the mandate so indicating, that the court had given him an outdated...

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