Michael Atkins, Appellant, v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Michael Atkins, Appellant, v. State of Missouri, Respondent. Case Number: 73648 Handdown Date: 06/16/1998 Appeal From: Circuit Court of St. Louis County, Hon. James Hartenbach Counsel for Appellant: Dave Hemingway Counsel for Respondent: Barbara Chesser Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Grimm, P.J., Pudlowski and Gaerter, J.J., concur. Opinion: ORDER Movant appeals from the judgment dismissing his Rule 24.035 motion for post-conviction relief as untimely. He acknowledges that his motion was filed out of time because he did not file it within 90 days after he was delivered to the Missouri Department of Corrections. Rule 24.035(b). However, he challenges the constitutionality of the Rule 24.035 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 erroneous. Rule 24.035(k); State v. Blankenship, 830 S.W.2d 1, 16 (Mo. banc 1992). The Missouri Supreme Court has held that the time limits in Rule 24.035 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). An extended opinion would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b). Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.