Rubin Draine, Movant, 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: Rubin Draine, Movant, v. State of Missouri, Respondent. Case Number: 73019 Handdown Date: 04/21/1998 Appeal From: Circuit Court of the City of St. Louis, Hon. Steven Ohmer Counsel for Appellant: Susan McGraugh Counsel for Respondent: Karen L. Kramer Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. R. Dowd, Jr., P.J., Simon and Hoff, J.J., concur. Opinion: O R D E R Rubin Draine, Movant, appeals the judgment dismissing his Rule 24.035 motion for post-conviction relief as untimely. Movant concedes that his Rule 24.035 motion was untimely in that he did not file it within ninety days after he was delivered to the Missouri Department of Corrections. However, he challenges the constitutionality of Rule 24.035 time requirements. 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). 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). 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.