Ornelias v. State

PARRISH, Judge.

Raul O. Ornelias (movant) pleaded guilty to possession of more than five grams of marijuana, a controlled substance, with intent to deliver, a class B felony, § 195.211, RSMo Supp.1993, and was sentenced to imprisonment for a term of 12 years. He was delivered to the Department of Corrections July 28, 1994.

On December 2, 1994, movant filed a Rule 24.035 motion in the Circuit Court of Pemis-cot County, Missouri. The motion was dismissed without an evidentiary hearing because it was not filed within 90 days after movant was delivered to the custody of the Department of…