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JOHNSTON v. STATE

No. SD 32025.

391 S.W.3d 905 (2013)

Russell Wayne JOHNSTON, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

January 31, 2013.

Attorney(s) appearing for the Case

Rosalynn Koch , Columbia, MO, for Appellant.

Todd T. Smith , Jefferson City, MO, for Respondent.

DON E. BURRELL, J.

Russell Wayne Johnston ("Movant") appeals the dismissal with prejudice of his Rule 24.035 motion to set aside his amended convictions and sentences for forgery and felonious restraint1 ("the pro se motion"). Because the pro se motion was untimely, and Movant did not allege circumstances beyond his control that prevented a timely filing, we affirm the dismissal.

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