Wilson v. State

Missouri Court of Appeals

Wilson v. State

745 S.W.2d 691, 1987 Mo. App. LEXIS 5047, 1987 WL 2606

CourtMissouri Court of Appeals

DecidedDecember 15, 1987

DocketNo. WD 38959

StatusPublished

This text of 745 S.W.2d 691 (Wilson 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

Wilson v. State, 745 S.W.2d 691, 1987 Mo. App. LEXIS 5047, 1987 WL 2606 (Mo. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

After conviction for first degree assault and an unsuccessful direct appeal, Gary L. Wilson sought post-conviction relief under Rule 27.26. The motion was denied and this appeal followed.

Under these circumstances, Wilson fails to satisfy the Rule 27.26(b)(1) jurisdictional prerequisite of being “in custody” as that term is defined in Lalla v. State, 463 S.W.2d 797, 801 (Mo.1971). Therefore, the trial court lacked jurisdiction to entertain the motion, see Peterson v. State, 476 S.W.2d 608 (Mo.1972), and this court is likewise without jurisdiction to hear the appeal.

The record indicates that the subject offense was committed at a time when Wilson was on parole from a sentence imposed in the federal court. In consequence, that parole was revoked and Wilson was returned to federal custody to serve the remainder of that sentence. He is not now and never has been in state custody serving the sentence from which relief was sought under the Rule 27.26 motion.

The appeal is dismissed.

All concur.

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