Sandra Levy, Movant/Appellant, v. State of Missouri, Respondent/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: Sandra Levy, Movant/Appellant, v. State of Missouri, Respondent/Respondent. Case Number: 73412 Handdown Date: 05/19/1998 Appeal From: Circuit Court of St. Charles County, Hon. Lucy Rauch Counsel for Appellant: Raymund J. Capelovitch Counsel for Respondent: John Munson Morris, III Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Knaup Crane, P.J., Rhodes Russell and J. Dowd, J.J., concur. Opinion: ORDER Movant Sandra Levy appeals the judgment dismissing her Rule 24.035 motion for post-conviction relief as untimely. Movant concedes her Rule 24.035 motion was untimely because she did not file it within 90 days after she was delivered to the Missouri Department of Corrections on March 12, 1993. However, she challenges the constitutionality of the 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(j)(1995); 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.