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RODERICK v. STATE

No. ED 97128.

361 S.W.3d 477 (2012)

Roger A. RODERICK, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 13, 2012.

Attorney(s) appearing for the Case

Roxanna A. Mason , St. Louis, MO, for Appellant.

Chris Koster , Attorney General, Dora A. Fichter , Asst. Attorney General, Jefferson City, MO, for Respondent.

Before ROBERT G. DOWD, JR. P.J. and MARY K. HOFF and SHERRI B. SULLIVAN, JJ.

ORDER

PER CURIAM.

Roger Roderick ("Movant") appeals from the denial of his Rule 24.035 motion for post-conviction relief as untimely. Movant contends his motion was filed within the time parameters of Rule 24.035 because his imprisonment under Section 217.362, RSMo Cum.Supp.2010, did not count as "delivery to the department of corrections."

We have reviewed the briefs of the parties and the record on appeal...

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