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BRUENGER v. STATE

No. ED 79559.

72 S.W.3d 220 (2002)

Jeffrey W. BRUENGER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

April 2, 2002.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Nicole E. Gorovsky, Jefferson City, MO, for respondent.

LAWRENCE G. CRAHAN, Judge.

Jeffrey W. Bruenger ("Movant") appeals the judgment denying his Rule 24.035 motion to vacate, set aside or correct his judgment or sentence following an evidentiary hearing. We affirm.

In its brief, the State urges us to dismiss this appeal because Movant's motion was not filed within 90 days as required by Rule 24.035(b). Defendant was delivered to the Department of Corrections on November 5, 1998. The State concedes that Movant...

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