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BROOM v. STATE

No. WD 61853.

111 S.W.3d 563 (2003)

Mark E. BROOM, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

August 5, 2003.

Attorney(s) appearing for the Case

Ruth Sanders, Andrew Schroeder, KCMO, for appellant.

John M. Morris, III, Evan J. Buchheim, Jefferson City, MO, for respondent.

Before ELLIS, C.J., LOWENSTEIN and ULRICH, JJ.

HAROLD L. LOWENSTEIN, Judge.

Mark Broom appeals from the trial court's dismissal of his Rule 29.15 motion as being untimely filed. Broom argues that the court erred in dismissing his appeal because the motion was received by the clerk of the court on November 30, 2000, within the applicable time. The judgment is reversed.

STATEMENT OF FACTS

On March 26, 1998, Broom was convicted of one count of first degree murder, Section 565.020,

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