Thompson v. State

Missouri Court of Appeals

Thompson v. State

555 S.W.2d 675, 1977 Mo. App. LEXIS 2856

CourtMissouri Court of Appeals

DecidedAugust 29, 1977

DocketNo. 10716

StatusPublished

This text of 555 S.W.2d 675 (Thompson v. State) 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

Thompson v. State, 555 S.W.2d 675, 1977 Mo. App. LEXIS 2856 (Mo. Ct. App. 1977).

Pincite

Opinion

BILLINGS, Chief Judge.

Appellant Douglas W. Thompson’s motion to vacate sentence and judgment entered in 1961 for first degree murder was denied by the Circuit Court of Butler County, Missouri. Three days later a notice of appeal was lodged in the clerk’s office but without payment of the required docket fee or an order of court waiving the same.

Rule 81.04, V.A.M.R., provides: “No appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment . appealed from becomes final.” The rule also requires the payment of a docket fee at the time of filing of a notice of appeal and forbids acceptance by the clerk of the notice of appeal unless the docket fee is deposited therewith.

“Until the docket fee has been paid or waived, there can be no valid filing of a notice of appeal.” State v. Worl, 531 S.W.2d 294 (Mo.App.1975).

The notice of appeal in the instant case not having been timely filed, we have no jurisdiction. State v. Brookshire, 400 [676]*676S.W.2d 61 (Mo.1966); State v. Keeney, 536 S.W.2d 518 (Mo.App.1976).

Appeal dismissed.

All concur.

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