State v. Greenhaw

Missouri Court of Appeals

State v. Greenhaw

542 S.W.2d 788, 1976 Mo. App. LEXIS 2632

CourtMissouri Court of Appeals

DecidedOctober 13, 1976

DocketNo. 10212

StatusPublished

This text of 542 S.W.2d 788 (State v. Greenhaw) 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. Greenhaw, 542 S.W.2d 788, 1976 Mo. App. LEXIS 2632 (Mo. Ct. App. 1976).

Pincite

Opinion

TITUS, Judge.

On 3 December 1975 defendant’s timely alternative after-trial motions were overruled, he was afforded allocution, and the court rendered the proper judgment and sentenced him to life imprisonment in accordance with the jury’s verdict. It is provided by Rules 28.03 and 81.04, V.A. M.R., that no appeal shall be effective “unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final.” Computed according to Rule 31.01, V.A.M.R., the notice of appeal should have been filed on or before 13 December 1975 as that date was neither a Sunday nor a legal holiday. However, the notice of appeal was not filed until the twelfth day after the rendition of the final judgment, i. e., on 15 December 1975. We have no authority to extend the period for taking an appeal (Rule 31.02, V.A.M.R.), and have not as yet been petitioned for a special order to file a notice of appeal out of time pursuant to Rule 28.07, V.A.M.R. Consequently, we have no jurisdiction to entertain the present appeal. Pearson v. State, 530 S.W.2d 49 (Mo.App. 1975).

The appeal is dismissed.

All concur.

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TITUS, Judge.

On 3 December 1975 defendant’s timely alternative after-trial motions were overruled, he was afforded allocution, and the court rendered the proper judgment and sentenced him to life imprisonment in accordance with the jury’s verdict. It is provided by Rules 28.03 and 81.04, V.A. M.R., that no appeal shall be effective “unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final.” Computed according to Rule 31.01, V.A.M.R., the notice of appeal should have been filed on or before 13 December 1975 as that date was neither a Sunday nor a legal holiday. However, the notice of appeal was not filed until the twelfth day after the rendition of the final judgment, i. e., on 15 December 1975. We have no authority to extend the period for taking an appeal (Rule 31.02, V.A.M.R.), and have not as yet been petitioned for a special order to file a notice of appeal out of time pursuant to Rule 28.07, V.A.M.R. Consequently, we have no jurisdiction to entertain the present appeal. Pearson v. State, 530 S.W.2d 49 (Mo.App. 1975).

The appeal is dismissed.

All concur.

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Bluebook (online)

542 S.W.2d 788, 1976 Mo. App. LEXIS 2632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-greenhaw-moctapp-1976.

Opinion

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