Opinion
No. WD 54776
OPINION FILED: April 28, 1998
APPEAL FROM THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI, THE MICHAEL J. MALONEY, JUDGE.
Andrew A. Schroeder, Public Defender, Kansas City, for appellant.
John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.
Before: Presiding Judge Breckenridge, Judge Lowenstein and Judge Spinden.
ORDER
Appellant pled guilty to one count of attempted possession of cocaine, and was sentenced to four years imprisonment. Execution of his sentence was suspended and he received five years probation. Appellant violated his probation and his previous sentence of four years imprisonment was executed. Appellant was delivered into the custody of the Missouri Department of Corrections and five months later filed his Rule 24.035 motion for postconviction relief. The motion was dismissed as untimely.
Judgment affirmed. Rule 84.16(b).