Missouri Court of Appeals November 21, 1995, No. 68032 (Rall v. State)

KAROHL, Judge.

Rickie Lee Rail appeals after a dismissal of his untimely Rule 24.035 motion for post conviction relief without an evidentiary hearing.

Rail contends the time constraints under Rule 24.035 are unconstitutional and deprive him of due process. He acknowledges he was delivered to the Department of Corrections on August 26, 1994, to serve his sentences for burglary and stealing.