State v. Carlisle

Missouri Court of Appeals

State v. Carlisle

282 S.W.3d 888, 2009 Mo. App. LEXIS 588, 2009 WL 1285990

CourtMissouri Court of Appeals

DecidedMay 12, 2009

DocketED 92749

StatusPublished

Cited by1 cases

This text of 282 S.W.3d 888 (State v. Carlisle) 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

State v. Carlisle, 282 S.W.3d 888, 2009 Mo. App. LEXIS 588, 2009 WL 1285990 (Mo. Ct. App. 2009).

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Opinion

NANNETTE A. BAKER, Chief Judge.

George W. Carlisle, Jr. (Appellant) appeals from an order denying his motion to proceed in forma pauperis in his criminal proceeding. His criminal case is still pending in the trial court. This Court issued an order directing Appellant to show cause why his appeal should not be dismissed for lack of a final, appealable judgment. Appellant has filed a response to the order.

Appellant is appealing from an order denying his motion to proceed in forma pauperis and his criminal case is still pending in the trial court. Appellant has not been convicted and no judgment and sentence have been entered. Thus, there is no right to an appeal under section 547.070, RSMo 2000. State v. Welch, 865 S.W.2d 434, 485 (Mo.App. E.D.1993). Appellant asserts in his response that the denial of indigent status violates his constitutional rights. In essence, Appellant argues only the merits of his appeal. He does not assert there is a final, appealable judgment. Appellant’s review, if any, is by extraordinary writ petition. See, Wray v. Adams, 103 S.W.3d 812, 813 (Mo.App. E.D.2003).

The appeal is dismissed without prejudice for lack of a final, appealable judgment.

PATRICIA L. COHEN, J. and KENNETH M. ROMINES, J., concur.

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NANNETTE A. BAKER, Chief Judge.

George W. Carlisle, Jr. (Appellant) appeals from an order denying his motion to proceed in forma pauperis in his criminal proceeding. His criminal case is still pending in the trial court. This Court issued an order directing Appellant to show cause why his appeal should not be dismissed for lack of a final, appealable judgment. Appellant has filed a response to the order.

Appellant is appealing from an order denying his motion to proceed in forma pauperis and his criminal case is still pending in the trial court. Appellant has not been convicted and no judgment and sentence have been entered. Thus, there is no right to an appeal under section 547.070, RSMo 2000. State v. Welch, 865 S.W.2d 434, 485 (Mo.App. E.D.1993). Appellant asserts in his response that the denial of indigent status violates his constitutional rights. In essence, Appellant argues only the merits of his appeal. He does not assert there is a final, appealable judgment. Appellant’s review, if any, is by extraordinary writ petition. See, Wray v. Adams, 103 S.W.3d 812, 813 (Mo.App. E.D.2003).

The appeal is dismissed without prejudice for lack of a final, appealable judgment.

PATRICIA L. COHEN, J. and KENNETH M. ROMINES, J., concur.

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Bluebook (online)

282 S.W.3d 888, 2009 Mo. App. LEXIS 588, 2009 WL 1285990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carlisle-moctapp-2009.

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