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Elliott v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE
Dec 3, 1996
No. 70344 (Mo. Ct. App. Dec. 3, 1996)

Opinion

No. 70344

OPINION FILED: December 3, 1996

APPEAL FROM THE CIRCUIT COURT OF GASCONADE COUNTY, HON. JOHN C. BRACKMAN.

Before Robert G. Dowd, Jr., P.J., and James R. Reinhard and Gary M. Gaertner, JJ.



ORDER


Movant appeals from the dismissal of his Rule 24.035 motion without prejudice. The motion court dismissed the motion as prematurely filed because Movant has not yet been delivered to the Missouri Department of Corrections. Movant alleges the trial court erred in applying the delivery requirement because it denies him due process and is contrary to the stated goals of the rule. An extended opinion would have no precedential value. The parties have been furnished with a memorandum detailing our reasons for affirming the judgment of the trial court. Rule 84.16(b).


Summaries of

Elliott v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE
Dec 3, 1996
No. 70344 (Mo. Ct. App. Dec. 3, 1996)
Case details for

Elliott v. State

Case Details

Full title:DAVID ELLIOTT, MOVANT-APPELLANT, vs. STATE OF MISSOURI, RESPONDENT

Court:Missouri Court of Appeals, Eastern District, DIVISION ONE

Date published: Dec 3, 1996

Citations

No. 70344 (Mo. Ct. App. Dec. 3, 1996)