Ware v. State

128 S.W.3d 529, 2003 Mo. App. LEXIS 2045, 2003 WL 22997042
CourtMissouri Court of Appeals
DecidedDecember 23, 2003
DocketNo. ED 82803
StatusPublished
Cited by2 cases

This text of 128 S.W.3d 529 (Ware 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
Ware v. State, 128 S.W.3d 529, 2003 Mo. App. LEXIS 2045, 2003 WL 22997042 (Mo. Ct. App. 2003).

Opinion

CLIFFORD H. AHRENS, Presiding Judge.

Donald Ware (“Ware”) appeals the judgment of the Circuit Court of Franklin County forfeiting U.S. currency in the amount of $5085.33 and real property located at 3998 Spring Creek Road, Leslie, Missouri. Ware claims that the trial court was without subject matter jurisdiction to proceed on the State’s forfeiture petition, and that the trial court erred in entering the judgment because it was not supported by the evidence. Finding no error, we affirm.

On March 25, 2001, a search warrant was executed by deputies of the Franklin County Sheriffs Department at 3998 Spring Creek Road, located in Leslie, Missouri. In addition to several other people, Ware was present at the residence. Travis Blankenship, one of the deputies involved in executing the search warrant, testified that there were several areas that contained a controlled substance at the home, which he suspected to be methamphetamine. The substance was later determined to be methamphetamine by the Missouri State Highway Patrol Lab. Ware was arrested and charged with possession of a controlled substance with intent to distribute. Upon his arrest, $5085.33 was found in Ware’s pockets and seized. The State filed a petition for forfeiture pursuant to the Criminal Activity Forfeiture Act (“CAFA”), 513.600 RSMo (2000).1 In its petition, the State sought forfeiture of $5085.33 and the real property located at 3998 Spring Creek Road in Leslie, Missouri (“the property”). The State alleged that the property was used or intended for use in the course of or derived or realized through criminal activity. A request for a [531]*531stay of proceedings pursuant to section 513.617 was subsequently filed asking that the forfeiture proceedings be stayed until final disposition of the criminal proceedings against Ware. This request was granted. On September 27, 2001, an indictment was filed in the United States District Court, Eastern District, which charged Ware with possession with intent to distribute a controlled substance, specifically, methamphetamine. A judgment was subsequently entered in the United States District Court reflecting a guilty plea by Ware to the charge of possession with the intent to distribute methamphetamine. The judgment listed the date of the offense as March 25, 2001. Prior to the entry of Ware’s guilty plea in federal court, the state applied for transfer of the forfeiture action to federal court, and the application was denied. Thereafter, a hearing on the State’s petition for forfeiture was held, and a judgment was entered March 14, 2003, ordering the currency and real property forfeited. The court found that the property was “used in or intended for use in the course of, derived from or realized through criminal activity ...,” and should be forfeited. Ware appeals.

In his first point on appeal, Ware contends that the trial court was without subject matter jurisdiction to proceed on the State’s petition for forfeiture of the property. Specifically, he argues that the criminal charges against him were dismissed, and therefore, the petition for forfeiture should have been dismissed.

Subject matter jurisdiction is the power to hear a general class of cases, and it can be obtained by operation of law. Missouri Soybean Association v. The Missouri Clean Water Commission, 102 S.W.3d 10, 22 (Mo.2003). Where a court is exercising a particular statutory power, it is confined to the authority granted by the statute. Id. “When a court lacks subject-matter jurisdiction, it has no right, power or authority to act in the matter, and thus any action the court takes is null and void.” Gunnett v. Girardier Bldg, and Realty Co., 70 S.W.3d 632, 642 (Mo.App.2002).

Section 513.607.1 RSMo (Supp.2001) provides that, “[a]ll property of every kind ... used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture.” Pursuant to section 513.645.6, “[u]pon ... dismissal of a criminal action against a person also named in a CAFA action, the civil action shall be dismissed.” Ware argues that because the charges against him in Franklin County were dismissed by the State, the trial court did not have subject matter jurisdiction as a result of this provision. We disagree.

Initially we note that an appellant has the duty to file a record on appeal which contains all evidence necessary for our determination of the issues raised. State v. Scott, 933 S.W.2d 884, 886 (Mo.App.1996). “If a matter complained of is not present in the record, there is nothing for this court to review.” Id., (quoting Matter of Estate of Voegele, 838 S.W.2d 444, 446 (Mo.App.1992)). Ware has not provided us with a copy of the dismissal of the charges against him in Franklin County. The only evidence presented was a statement in the transcript made by counsel for the State that the State’s charges against Ware had been dismissed.2 While it does not appear as though the fact that the State charges against Ware were dismissed is in dispute, there is no evidence in the record concern[532]*532ing the date of the dismissal, or the circumstances surrounding it.

However, we have been provided with a copy of the federal indictment on the charge of possession with the intent to distribute methamphetamine, and the judgment reflecting Ware’s plea of guilty to such charge. Ware pleaded guilty to the federal charge on January 29, 2002, and the hearing on the State’s petition for forfeiture took place on January 22, 2003. Although it appears as though the State’s charges against Ware arising from March 25, 2001, were dismissed, there was a guilty plea entered to the same charge in federal court. The charge to which Ware pleaded guilty in federal court was based upon an offense which occurred “on or about March 25, 2001,” according to the indictment. Additionally, the judgment containing Ware’s plea of guilty to the charge of possession with intent to distribute methamphetamine noted that the date the offense occurred was March 25, 2001.

This court was faced with a similar question in State v. Dillon, 41 S.W.3d 479 (Mo.App.2000). In Dillon, defendant’s housemate/girlfriend appealed the forfeiture of currency found in their residence, along with cocaine, steroids, drug paraphernalia and a shotgun. She claimed that the State failed to present evidence that either she or Dillon had been charged with, pleaded guilty to, or had been found guilty of a felony offense substantially related to the forfeiture. The court, in denying appellant’s point, stated that evidence was offered that Dillon was charged and pleaded guilty in federal court to possession of controlled substances. Id. at 485. The court considered this to be substantial evidence that Dillon had pleaded guilty to a felony offense substantially related to the forfeiture. Id.

In the present case, Ware also pleaded guilty in federal court to a felony offense substantially related to the forfeiture in question.

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128 S.W.3d 529, 2003 Mo. App. LEXIS 2045, 2003 WL 22997042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-state-moctapp-2003.