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GARCIA v. STATE

No. WD 69671.

299 S.W.3d 333 (2009)

Erick Edward GARCIA, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

December 15, 2009.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Columbia, MO, for Appellant.

Shaun J. Mackelprang, Chris Koster, John M. Reeves, Jefferson City, MO, for Respondent.

Before JOSEPH M. ELLIS, P.J., VICTOR C. HOWARD, and JAMES EDWARD WELSH, JJ.

JAMES EDWARD WELSH, Presiding Judge.

Erick Edward Garcia appeals the circuit court's dismissal of his Rule 24.035 motion as untimely. Garcia contends that his pro se motion was filed within the 180 day time period required for initiating an action under Rule 24.035(b). We agree.

Garcia pled guilty to one count of statutory rape, and the circuit court accepted the guilty plea. On March 20, 2006, the circuit court sentenced Garcia to twenty-five years imprisonment...

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