State v. Hawthorne

Missouri Court of Appeals

State v. Hawthorne

276 S.W.3d 916, 2009 Mo. App. LEXIS 286, 2009 WL 405832

CourtMissouri Court of Appeals

DecidedFebruary 19, 2009

DocketSD 29036

StatusPublished

This text of 276 S.W.3d 916 (State v. Hawthorne) 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. Hawthorne, 276 S.W.3d 916, 2009 Mo. App. LEXIS 286, 2009 WL 405832 (Mo. Ct. App. 2009).

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Opinion

JOHN E. PARRISH, Judge.

Charles G. Hawthorne undertakes to appeal this court-tried criminal case. The appeal must be dismissed.

Rule 30.04 prescribes what is required in the record on appeal that must be filed in the appeal of a criminal case. The record on appeal is divided into two components, the legal file and the transcript. Rule 30.04(a). “The legal file component of the record on appeal must include a copy of the judgment and sentence. Rule 30.04(a). Rule 29.07(c) requires that a judgment of conviction ‘set forth the plea, the verdict or findings, and the adjudication and sentence.’ ” State v. Nenninger, 50 S.W.3d 368, 369 (Mo.App.2001). See also City of Neosho v. Doyle, 52 S.W.3d 651 (Mo.App.2001); State v. Miner, 606 S.W.2d 448 (Mo.App.1980). The record on appeal in this case does not include a final judgment. The appeal is dismissed.

LYNCH, C.J., and RAHMEYER, J., concur.

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JOHN E. PARRISH, Judge.

Charles G. Hawthorne undertakes to appeal this court-tried criminal case. The appeal must be dismissed.

Rule 30.04 prescribes what is required in the record on appeal that must be filed in the appeal of a criminal case. The record on appeal is divided into two components, the legal file and the transcript. Rule 30.04(a). “The legal file component of the record on appeal must include a copy of the judgment and sentence. Rule 30.04(a). Rule 29.07(c) requires that a judgment of conviction ‘set forth the plea, the verdict or findings, and the adjudication and sentence.’ ” State v. Nenninger, 50 S.W.3d 368, 369 (Mo.App.2001). See also City of Neosho v. Doyle, 52 S.W.3d 651 (Mo.App.2001); State v. Miner, 606 S.W.2d 448 (Mo.App.1980). The record on appeal in this case does not include a final judgment. The appeal is dismissed.

LYNCH, C.J., and RAHMEYER, J., concur.

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Bluebook (online)

276 S.W.3d 916, 2009 Mo. App. LEXIS 286, 2009 WL 405832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hawthorne-moctapp-2009.

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