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Young v. State

Missouri Court of Appeals, Eastern District, Division Four
Oct 3, 2000
28 S.W.3d 464 (Mo. Ct. App. 2000)

Opinion

No. ED 77733.

October 3, 2000.

Appeal from the Circuit Court of St. Charles County; Nancy Schneider, Judge.

Nancy Lynne Vincent, Public Defender, St. Louis, for appellant.

John Munson Morris, III, Asst. Atty. Gen., Jefferson City, for respondent.

Before Lawrence E. Mooney, P.J., Paul J. Simon and Sherri B. Sullivan, JJ.


ORDER


Michael Young (Movant) appeals the judgment dismissing his Rule 29.15 motion as untimely. He acknowledges his motion was filed out of time, but he challenges the constitutionality of the Rule 29.15 time requirements.

We have reviewed the briefs of the parties and the record on appeal and conclude that the trial court's determination is not clearly erroroneous. Rule 29.15(k). The Missouri Supreme Court has held that the time limits in Rule 29.15 are constitutional and mandatory. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989), cert. denied sub nom. Walker v. Missouri, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989). Rule 29.15 makes no provision for an excuse for an untimely filing. Smith v. State, 798 S.W.2d 152, 153 (Mo. banc 1990).

An extended opinion would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b).


Summaries of

Young v. State

Missouri Court of Appeals, Eastern District, Division Four
Oct 3, 2000
28 S.W.3d 464 (Mo. Ct. App. 2000)
Case details for

Young v. State

Case Details

Full title:Michael Young, Appellant v. State of Missouri, Respondent

Court:Missouri Court of Appeals, Eastern District, Division Four

Date published: Oct 3, 2000

Citations

28 S.W.3d 464 (Mo. Ct. App. 2000)