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STATE v. ISON

No. WD 68739.

270 S.W.3d 444 (2008)

STATE of Missouri, Respondent, v. Kenneth ISON, Appellant.

Missouri Court of Appeals, Western District.

November 18, 2008.

Attorney(s) appearing for the Case

Scott C. Hamilton, Lexington, MO, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Shaun Mackelprang and Joshua N. Corman, Office of Attorney General, Jefferson City, MO, for respondent.

RONALD R. HOLLIGER, Judge.

Kenneth Ison ("Ison") appeals the dismissal of his Rule 29.07 motion on the grounds that the trial court lacked jurisdiction to entertain the motion because it was untimely. We find that, because Ison received a suspended execution of sentence (SES) and was never sent to the Department of Corrections, his motion was timely and could be raised under Rule 29.07 rather than a writ of habeas corpus. The court, therefore, erred in finding that...

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