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HAYES v. STATE

No. WD 63338.

139 S.W.3d 261 (2004)

Craig Allen HAYES, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 27, 2004.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Assistant State Public Defender, Columbus, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Charnette D. Douglass, Assistant Attorney General, Jefferson City, for respondent.

Before BRECKENRIDGE, P.J., and SMART and HOWARD, JJ.

VICTOR C. HOWARD, Judge.

Craig Allen Hayes (Appellant) appeals from the judgment dismissing his Rule 24.035 motion as untimely because it was not filed within 90 days of December 3, 2002, the date he was delivered to the custody of the Department of Corrections (DOC). He claims his motion was timely due to the amendment to Rule 24.035(b), effective January 1, 2003, which allows a defendant who does not directly appeal his judgment or sentence 180 days, rather than...

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