Thomas E. Bibbs, 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 Western District Case Style: Thomas E. Bibbs, Appellant, v. State of Missouri, Respondent. Case Number: 55045 Handdown Date: 04/28/1998 Appeal From: Circuit Court of Jackson County, Hon. C. William Kramer Counsel for Appellant: Andrew Schroeder Counsel for Respondent: Jill LaHue Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Hanna, P.J, Stith and Smith, J.J., concur. Opinion: ORDER Thomas E. Bibbs appeals from the denial of his Rule 24.035 motion to vacate the judgment convicting him of two counts of possessing a forging instrumentality (section 570.100, RSMo 1994) and one count of forgery (section 570.090, RSMo 1994). The motion court dismissed Bibbs' 24.035 motion to vacate judgment because Bibbs did not file his motion within the rule's 90-day deadline. The Supreme Court has repeatedly upheld the deadline. Day v. State, 770 S.W.2d 692, 695 (Mo. banc), cert. denied, 493 U.S. 866 (1989). Affirmed. 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.