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PHELPS v. STATE

No. ED 75941.

21 S.W.3d 832 (1999)

Demon PHELPS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

December 21, 1999.

Attorney(s) appearing for the Case

Mary S. Choi, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

SHERRI B. SULLIVAN, Judge.

This appeal arises out of the trial court's dismissal of Appellant's postconviction relief motion for failure to file the motion within the statutory ninety-day period. We reverse and remand for further proceedings consistent with this opinion.

Appellant was convicted of four counts of forcible rape, in violation of Section 566.030 RSMo (1994),1 three counts of second degree robbery, in violation of Section...

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