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PHELPS v. STATE

No. WD 73263.

351 S.W.3d 269 (2011)

John L. PHELPS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

November 1, 2011.

Attorney(s) appearing for the Case

Ruth Sanders , Kansas City, MO, for appellant.

Shaun J. Mackelprang and Jayne T. Woods , Jefferson City, MO, for respondent.

Before Division Four: LISA WHITE HARDWICK, Chief Judge, Presiding, JOSEPH M. ELLIS, Judge and GARY RAVENS, Sp. Judge.

LISA WHITE HARDWICK, Chief Judge.

John Phelps appeals the circuit court's dismissal of his Rule 24.0351 motion as untimely. Phelps contends the court improperly included the day he was delivered to the Department of Corrections ("DOC") in calculating whether his pro se post-conviction motion was filed within the 180-day deadline set forth in Rule 24.035(b). For reasons explained herein...

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