Swiney v. State

JAMES R. DOWD, Judge.

Swiney filed this appeal challenging the denial of his Rule 24.035 motion for post-conviction relief. Although neither Swiney nor the State raised the issue, we must first address whether we have jurisdiction to consider Swine/s appeal. In doing so, we conclude Swiney’s notice of appeal was untimely filed, and we dismiss his appeal.

Swiney plead guilty to first degree assault of a law enforcement officer in viola- ' tion of Section 565.081, RSMo 1994, and was sentenced to ten years’ imprisonment and delivered to the Department of Corrections on January 20, 1999. Swiney…