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MERTELL v. STATE

No. ED 85233.

165 S.W.3d 562 (2005)

Fredric MERTELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

June 28, 2005.

Attorney(s) appearing for the Case

Timothy Forneris, St. Louis, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lacey R. Searfoss, Jefferson City, MO, for respondent.

Before CLIFFORD H. AHRENS, P.J., LAWRENCE E. MOONEY, J., and GLENN A. NORTON, J.

ORDER

PER CURIAM.

Frederic Mertell ("movant") appeals the judgment of the motion court dismissing his motion for post-conviction relief pursuant to Missouri Supreme Court Rule 29.15 as untimely. Movant claims the court erred in dismissing his motion because the untimely motion was due to circumstances out of his control, and the court should have considered movant's motion on the merits.

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