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916 S.W.2d 419

Barber v. State

Missouri Court of Appeals

Decided February 20, 1996

Missouri Court of Appeals · decided 1996-02-20

Cited by 2 later decisions — most recently April 2001

Relies on Day v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-20

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PER CURIAM.

¶1Defendant pled guilty to felonious restraint, § 565.120, RSMo 1994, and first degree assault, § 565.050, RSMo 1994. The trial court imposed sentences of seven and fifteen years respectively.

¶2Defendant appeals the denial, for untimely filing, of his Rule 24.035 motion. We affirm.

¶3Defendant’s Rule 24.035 motion was properly denied. The trial court sentenced defendant on April 21,1994. He did not file his pro se motion until October 11, 1994, well outside the 90-day time limit.

¶4The time limits contained in Rule 24.035 are mandatory. Rule 24.035(b). The supreme court has held them to be constitutionally valid and reasonable. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989).

¶5The 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).

¶6The motion court’s judgment is affirmed.

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