Massey v. State

Missouri Court of Appeals

Massey v. State

608 S.W.2d 152, 1980 Mo. App. LEXIS 3496

CourtMissouri Court of Appeals

DecidedNovember 18, 1980

DocketNo. 41498

StatusPublished

Cited by4 cases

This text of 608 S.W.2d 152 (Massey v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Massey v. State, 608 S.W.2d 152, 1980 Mo. App. LEXIS 3496 (Mo. Ct. App. 1980).

Pincite

Opinion

CLEMENS, Senior Judge.

By his Rule 27.26 motion movant-defend-ant challenged that part of the Franklin County circuit court’s judgment declaring its four-year sentence was to begin upon termination of a one-year sentence defendant was then serving under a judgment in Crawford County.

The motion was denied and defendant has appealed. We affirm.

Defendant relies on the clerk’s minute entry in Franklin County. It was silent as to when the four-year imprisonment was to begin. In contrast, the state relies on the judgment pronounced by the trial court which recited defendant’s guilty plea and sentenced him to four years in prison, to serve that sentence “immediately upon release from custody of the sentence in Crawford County”.

In sum, defendant now relies on the court clerk’s minute entry and the state relies on the judgment pronounced by the court. The latter prevails.

The distinction was made in Rehm v. Fishman, 395 S.W.2d 251 [1-3, 10] (Mo.App.1965), where we cited numerous cases and held: “A judgment is the judicial act of the Court and its entry upon the record is the ministerial act of the Clerk.... A judgment derives its force from the judicial act of the court in its rendition and not from the ministerial act of the clerk in entering it upon the record.” In Allen v. Gibbons, 425 S.W.2d 243 [1] (Mo.App.1968), we cited Rehm and held: “We distinguish between the force of the judicial act of the court in rendering judgment and the ministerial act of entering it upon the record. The rendition controls.”

Judgment affirmed.

CRIST, P. J., and REINHARD and SNYDER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

CLEMENS, Senior Judge.

By his Rule 27.26 motion movant-defend-ant challenged that part of the Franklin County circuit court’s judgment declaring its four-year sentence was to begin upon termination of a one-year sentence defendant was then serving under a judgment in Crawford County.

The motion was denied and defendant has appealed. We affirm.

Defendant relies on the clerk’s minute entry in Franklin County. It was silent as to when the four-year imprisonment was to begin. In contrast, the state relies on the judgment pronounced by the trial court which recited defendant’s guilty plea and sentenced him to four years in prison, to serve that sentence “immediately upon release from custody of the sentence in Crawford County”.

In sum, defendant now relies on the court clerk’s minute entry and the state relies on the judgment pronounced by the court. The latter prevails.

The distinction was made in Rehm v. Fishman, 395 S.W.2d 251 [1-3, 10] (Mo.App.1965), where we cited numerous cases and held: “A judgment is the judicial act of the Court and its entry upon the record is the ministerial act of the Clerk.... A judgment derives its force from the judicial act of the court in its rendition and not from the ministerial act of the clerk in entering it upon the record.” In Allen v. Gibbons, 425 S.W.2d 243 [1] (Mo.App.1968), we cited Rehm and held: “We distinguish between the force of the judicial act of the court in rendering judgment and the ministerial act of entering it upon the record. The rendition controls.”

Judgment affirmed.

CRIST, P. J., and REINHARD and SNYDER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

608 S.W.2d 152, 1980 Mo. App. LEXIS 3496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massey-v-state-moctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack