State v. Detherage

Missouri Court of Appeals

State v. Detherage

869 S.W.2d 293, 1994 Mo. App. LEXIS 122, 1994 WL 14063

CourtMissouri Court of Appeals

DecidedJanuary 24, 1994

DocketNo. 18724

StatusPublished

Cited by1 cases

This text of 869 S.W.2d 293 (State v. Detherage) 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. Detherage, 869 S.W.2d 293, 1994 Mo. App. LEXIS 122, 1994 WL 14063 (Mo. Ct. App. 1994).

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Opinion

MONTGOMERY, Judge.

Following a bench trial on February 18, 1993, Richard Detherage (Defendant) was convicted of possession of a controlled substance, lysergic acid diethylamide (LSD), § 195.202, RSMo Supp.1993. On April 1, 1993, the trial court sentenced Defendant to a two-year prison term, suspended imposition of that sentence, and placed Defendant on five years of supervised probation. Defendant appeals the conviction. This Court dismisses the appeal.

Defendant’s single point relied on pertains to the trial court’s refusal to suppress the LSD seized from Defendant and evidence of certain statements he made following his arrest. However, a defendant may not appeal from a conviction in which imposition of sentence was suspended, because a suspended imposition of sentence is not a final appeal-able judgment as required by § 547.070, RSMo 1986. State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984); State v. Hanners, 827 S.W.2d 273, 274 (Mo.App.1992); State v. Sandbothe, 750 S.W.2d 664, 665-66 (Mo.App.1988). Accordingly, we dismiss this appeal.

PARRISH, C.J., and SHRUM, J., concur.

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MONTGOMERY, Judge.

Following a bench trial on February 18, 1993, Richard Detherage (Defendant) was convicted of possession of a controlled substance, lysergic acid diethylamide (LSD), § 195.202, RSMo Supp.1993. On April 1, 1993, the trial court sentenced Defendant to a two-year prison term, suspended imposition of that sentence, and placed Defendant on five years of supervised probation. Defendant appeals the conviction. This Court dismisses the appeal.

Defendant’s single point relied on pertains to the trial court’s refusal to suppress the LSD seized from Defendant and evidence of certain statements he made following his arrest. However, a defendant may not appeal from a conviction in which imposition of sentence was suspended, because a suspended imposition of sentence is not a final appeal-able judgment as required by § 547.070, RSMo 1986. State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984); State v. Hanners, 827 S.W.2d 273, 274 (Mo.App.1992); State v. Sandbothe, 750 S.W.2d 664, 665-66 (Mo.App.1988). Accordingly, we dismiss this appeal.

PARRISH, C.J., and SHRUM, J., concur.

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Bluebook (online)

869 S.W.2d 293, 1994 Mo. App. LEXIS 122, 1994 WL 14063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-detherage-moctapp-1994.

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