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SWALLOW v. STATE

No. SC 92432w.

398 S.W.3d 1 (2013)

Brandon L. SWALLOW, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

May 14, 2013.

Attorney(s) appearing for the Case

Lisa M. Stroup , Public Defender's Office, St. Louis, for Swallow.

James B. Farnsworth , Attorney General's Office, Jefferson City, for the State.

PATRICIA BRECKENRIDGE, Judge.

Brandon Swallow appeals the circuit court's judgment dismissing his Rule 24.035 motion for post-conviction relief, because the circuit court found his motion was untimely filed. Mr. Swallow claims the circuit court erred in dismissing his motion because he filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period in which he could file a post-conviction...

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