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895 S.W.2d 594

Adams v. State

Missouri Court of Appeals

Decided February 7, 1995

Missouri Court of Appeals · decided 1995-02-07

Cited by 1 later decisions — most recently February 1990

1 state decisions

Relies on Day v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-07

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PER CURIAM.

¶1Movant pled guilty to the illegal sale of a controlled substance. Pursuant to a plea bargain, he was sentenced to ten years in prison.

¶2Movant’s statement of facts reflects that movant was delivered to the Department of Corrections on January 15, 1993. His pro se Rule 24.035 motion was filed December 29, 1993, more than eleven months after his delivery to the Department of Corrections.

¶3The motion court found that the motion was untimely and dismissed it. Movant appeals, contending that the time limits in Rule 24.035(b) violate his constitutional rights. However, our supreme court disagrees and has held that the limits are valid and mandatory. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989).

¶4The motion court’s judgment is based on findings of fact that are not clearly erroneous. No error of law appears. An opinion would have no precedential value. Rule 84.16(b).

¶5The motion court’s judgment is affirmed.

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