White v. State

Missouri Court of Appeals

White v. State

978 S.W.2d 23, 1998 Mo. App. LEXIS 1593, 1998 WL 550107

CourtMissouri Court of Appeals

DecidedSeptember 1, 1998

DocketNo. 73029

StatusPublished

Cited by1 cases

This text of 978 S.W.2d 23 (White 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.

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White v. State, 978 S.W.2d 23, 1998 Mo. App. LEXIS 1593, 1998 WL 550107 (Mo. Ct. App. 1998).

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Opinion

[24]*24ORDER

PER CURIAM.

Sammie White (Movant) appeals from the judgment dismissing his Rule 24.085 motion for post-conviction relief. Movant pleaded guilty to unlawful use of a weapon and received a suspended imposition of sentence with two years of probation. He concedes that he was released from his probation and was neither convicted of a felony nor delivered to the Missouri Department of Corrections. Rule 24.035 provides a remedy only for persons “convicted of a felony on a plea of guilty and delivered to the custody of the department of corrections.... ” Unless these conditions are met, the motion court is without jurisdiction to entertain the motion. Barna v. State, 918 S.W.2d 417, 418 (Mo.App. E.D.1996); Hopkins v. State, 802 S.W.2d 956, 958 (Mo.App. W.D.1991). Therefore, we conclude the motion court’s dismissal is not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value and we affirm the judgment pursuant to Rule 84.16(b).

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[24]*24ORDER

PER CURIAM.

Sammie White (Movant) appeals from the judgment dismissing his Rule 24.085 motion for post-conviction relief. Movant pleaded guilty to unlawful use of a weapon and received a suspended imposition of sentence with two years of probation. He concedes that he was released from his probation and was neither convicted of a felony nor delivered to the Missouri Department of Corrections. Rule 24.035 provides a remedy only for persons “convicted of a felony on a plea of guilty and delivered to the custody of the department of corrections.... ” Unless these conditions are met, the motion court is without jurisdiction to entertain the motion. Barna v. State, 918 S.W.2d 417, 418 (Mo.App. E.D.1996); Hopkins v. State, 802 S.W.2d 956, 958 (Mo.App. W.D.1991). Therefore, we conclude the motion court’s dismissal is not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value and we affirm the judgment pursuant to Rule 84.16(b).

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978 S.W.2d 23, 1998 Mo. App. LEXIS 1593, 1998 WL 550107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-moctapp-1998.

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