State v. Dieter

Missouri Court of Appeals

State v. Dieter

840 S.W.2d 887, 1992 Mo. App. LEXIS 1716, 1992 WL 330654

CourtMissouri Court of Appeals

DecidedNovember 16, 1992

DocketNo. 18089

StatusPublished

Cited by3 cases

This text of 840 S.W.2d 887 (State v. Dieter) 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. Dieter, 840 S.W.2d 887, 1992 Mo. App. LEXIS 1716, 1992 WL 330654 (Mo. Ct. App. 1992).

Pincite

Opinion

PREWITT, Judge.

Defendant was charged with misdemean- or assault. Following nonjury trial, he was found guilty and fined $1,000. Defendant appeals.

Judgment was rendered before the time expired for defendant to file a motion for new trial under Rule 29.11. Therefore, the purported judgment was premature and void and there was no judgment from which an appeal could lie. State v. Wren, 609 S.W.2d 480, 481 (Mo.App.1980). See also State v. Ramos, 751 S.W.2d 135, 136 (Mo.App.1988).

The appeal is dismissed and the case remanded to the trial court with directions to either afford defendant the opportunity to file a motion for new trial or to waive his right to do so. If the right is waived expressly or by time or if a motion for new trial is filed and denied, the court may thereafter sentence defendant. Defendant will then have the right to appeal.

MONTGOMERY, P.J., and MAUS, J., concur.

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