Missouri Court of Appeals, 1998

Bibbs v. State

Bibbs v. State
Missouri Court of Appeals · Decided April 28, 1998 · Hanna, Smith, Stith
965 S.W.2d 482; 1998 Mo. App. LEXIS 811; 1998 WL 202113 (South Western Reporter, Second Series)

Bibbs v. State

Opinion of the Court

ORDER

PER CURIAM.

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 (§ 570.100, RSMo 1994) and one count of forgery (§ 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, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989). Affirmed. Rule 84.16(b).

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