Opinion

Brown v. State

  • 778 S.W.2d 336
  • 1989 Mo. App. LEXIS 1044
  • 1989 WL 78901
Court
Missouri Court of Appeals
Filed
Jul 18, 1989
Status
Published
Author
Crist
On the bench
Crandall, Crist, Reinhard
Cited by
0 cases
Authority
More cited than 21.0%

The opinion

CRIST, Judge.

Movant appeals from the denial of his Rule 29.15 motion for untimely filing. We affirm.

Movant, who was sentenced prior to January 1, 1988, was required to file his Rule 29.15 motion on or before. June 30, 1988. Rule 29.15(m). Because movant’s motion was filed with the circuit clerk on July 1, 1988, its denial as untimely was proper, as the time limits of Rule 29.15 are reasonable and mandatory, and have been upheld as constitutional. Day v. State, 770 S.W.2d 692 (Mo. banc 1989). Movant’s motion was not filed when mailed, but when lodged in the office of the circuit clerk. See State v. Johnson, 522 S.W.2d 106, 110 [4] (Mo.App.1975).

The judgment is based on findings of fact that are not clearly erroneous. No error of law appears. An extended opinion would have no precedential value.

Judgment affirmed. Rule 84.16(b).

CRANDALL, P.J., and REINHARD, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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