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UNNERSTALL v. STATE

No. ED 78208.

53 S.W.3d 589 (2001)

Bernard UNNERSTALL, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

August 21, 2001.

Attorney(s) appearing for the Case

Irene Karns, Asst. Public Defender, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Adriane D. Crouse, Asst. Atty. Gen., Jefferson City, MO, for respondent.

MOONEY, Judge.

Movant, Bernard Unnerstall, appeals from the judgment denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Movant alleges error in the motion's denial, but because the motion was untimely filed, we vacate the judgment of the motion court and remand for dismissal of Movant's Rule 24.035 motion.

Movant was delivered to the Department of Corrections on April 9, 1999. He filed a pro se Rule 24.035 motion...

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