From Casetext: Smarter Legal Research

State v. Lynch

Missouri Court of Appeals, Eastern District
May 16, 2006
192 S.W.3d 502 (Mo. Ct. App. 2006)

Opinion

No. ED 87896.

May 16, 2006.

Appeal from the Circuit Court of St. Louis County; Gary M. Gaertner, Jr., Judge.

Shaun J. Mackelprang, Jefferson City, MO, for respondent.

Charles Lynch, Terre Haute, IN, appellant acting pro se.


Defendant Charles Lynch appeals from a judgment denying his motion to dismiss for failure to prosecute, speedy trial and Interstate Agreement on Detainers Act. The appeal is dismissed.

This Court has a duty to examine its jurisdiction sua sponte. State v. Palm, 158 S.W.3d 861 (Mo.App.E.D. 2005). In criminal cases, the right of appeal is limited to final judgments. Section 547.070, RSMo 2000. A judgment is final for purposes of appeal when the judgment and sentence are entered. State v. Welch, 865 S.W.2d 434, 435 (Mo.App.E.D. 1993).

Here, no judgment and sentence has been entered. Defendant is improperly attempting to appeal from an interlocutory order of the trial court denying his motion to dismiss. This is not an appealable order under section 547.070. State v. Liggins, 133 S.W.3d 563, 564 (Mo.App.E.D. 2004). We issued an order directing Defendant to show cause why his appeal should not be dismissed. Defendant has filed a response to the order. He acknowledges that the appeal is interlocutory, but asks this Court to review the issue. Where there is no final, appealable judgment, we have no jurisdiction to consider the appeal. Palm, 158 S.W.3d at 861.

The appeal is dismissed without prejudice for lack of a final, appealable judgment.

KATHIANNE KNAUP CRANE, J., and BOOKER T. SHAW, J., concurring.


Summaries of

State v. Lynch

Missouri Court of Appeals, Eastern District
May 16, 2006
192 S.W.3d 502 (Mo. Ct. App. 2006)
Case details for

State v. Lynch

Case Details

Full title:STATE of Missouri, Plaintiff/Respondent, v. Charles LYNCH…

Court:Missouri Court of Appeals, Eastern District

Date published: May 16, 2006

Citations

192 S.W.3d 502 (Mo. Ct. App. 2006)

Citing Cases

Walker v. Smallwood

Because Appellant's notice of appeal is untimely, the appeal is dismissed. This Court has an obligation to…

Rogers v. Perry

Appellant filed the notice of appeal on May 29, 2007, and it is untimely. This Court has an obligation to…