O'ROURKE v. State

This is an appeal from the dismissal of appellant’s Rule 24.035 motion for post-conviction relief. The appellant contends that the motion court erred in ruling that his motion was untimely filed, and he claims that the time limits imposed by the Rule are unconstitutional because they make no allowances for late filing.

The judgment is affirmed.

On March 9, 1987, the appellant pled guilty to one count of sexual assault in the first degree, § 566.040, RSMo 1986, and to one count of escape from custody, § 575.200, RSMo 1986. Pursuant to a plea agreement, he was sentenced to two concurrent ten-year…