SMITH v. STATE

No. ED 75736.

4 S.W.3d 660 (1999)

Robert SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

November 9, 1999.


Attorney(s) appearing for the Case

Jennifer S. Walsh, Asst. Public Defender, St. Louis, for appellant.

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

Before KATHIANNE CRANE, P.J., ROBERT DOWD Jr., J., SHERRI SULLIVAN, J.


MEMORANDUM DECISION

PER CURIAM.

Movant appeals from the judgment of the Circuit Court of Jefferson County dismissing his Rule 24.035 motion for post-conviction relief as untimely. He acknowledges his motion was filed out of time, but he challenges the constitutionality of the Rule 24.035 time requirements.

We have reviewed the briefs of the parties and the record on appeal and conclude the trial court's determination is not clearly erroneous...

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