State of Missouri, Plaintiff/Respondent v. Robert A. Dunn

Missouri Court of Appeals

State of Missouri, Plaintiff/Respondent v. Robert A. Dunn

438 S.W.3d 533, 2014 WL 4087370, 2014 Mo. App. LEXIS 862

CourtMissouri Court of Appeals

DecidedAugust 19, 2014

DocketED101101

StatusPublished

Cited by1 cases

This text of 438 S.W.3d 533 (State of Missouri, Plaintiff/Respondent v. Robert A. Dunn) 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.

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State of Missouri, Plaintiff/Respondent v. Robert A. Dunn, 438 S.W.3d 533, 2014 WL 4087370, 2014 Mo. App. LEXIS 862 (Mo. Ct. App. 2014).

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Opinion

*534 ANGELA T. QUIGLESS, Chief Judge.

Robert A. Dunn (Appellant) was convicted of driving while intoxicated. The trial court suspended imposition of sentence and placed Appellant on probation for two years. Appellant has now filed a notice of appeal from the judgment of conviction. This Court issued an order directing Appellant to show cause why this appeal should not be dismissed. Appellant did not file a response. We dismiss the appeal.

In criminal appeals, section 547.070, RSMo 2000, limits the right of appeal to final judgments. In criminal cases, a judgment is final for purposes of appeal when the judgment and sentence are entered. State v. Welch, 865 S.W.2d 434, 435 (Mo.App.E.D.1993). However, where imposition of sentence is not entered, but is suspended, the judgment is not final and a defendant may not appeal it. State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984); See also, State v. Larson, 79 S.W.3d 891 (Mo. banc 2002). Because the trial court suspended imposition of sentence, there is no final, appealable judgment.

Where no final, appealable judgment exists, this Court lacks jurisdiction to consider the appeal. State v. Moore, 352 S.W.3d 392, 398 (Mo.App. E.D.2011). Therefore, the appeal is dismissed without prejudice for lack of a final, appealable judgment.

LISA VAN AMBURG, and PHILIP M. HESS, JJ„ Concur.

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*534 ANGELA T. QUIGLESS, Chief Judge.

Robert A. Dunn (Appellant) was convicted of driving while intoxicated. The trial court suspended imposition of sentence and placed Appellant on probation for two years. Appellant has now filed a notice of appeal from the judgment of conviction. This Court issued an order directing Appellant to show cause why this appeal should not be dismissed. Appellant did not file a response. We dismiss the appeal.

In criminal appeals, section 547.070, RSMo 2000, limits the right of appeal to final judgments. In criminal cases, a judgment is final for purposes of appeal when the judgment and sentence are entered. State v. Welch, 865 S.W.2d 434, 435 (Mo.App.E.D.1993). However, where imposition of sentence is not entered, but is suspended, the judgment is not final and a defendant may not appeal it. State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984); See also, State v. Larson, 79 S.W.3d 891 (Mo. banc 2002). Because the trial court suspended imposition of sentence, there is no final, appealable judgment.

Where no final, appealable judgment exists, this Court lacks jurisdiction to consider the appeal. State v. Moore, 352 S.W.3d 392, 398 (Mo.App. E.D.2011). Therefore, the appeal is dismissed without prejudice for lack of a final, appealable judgment.

LISA VAN AMBURG, and PHILIP M. HESS, JJ„ Concur.

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438 S.W.3d 533, 2014 WL 4087370, 2014 Mo. App. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-plaintiffrespondent-v-robert-a-dunn-moctapp-2014.

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