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Woods v. State

Missouri Court of Appeals, St. Louis District, Division One
Mar 14, 1977
546 S.W.2d 14 (Mo. Ct. App. 1977)

Opinion

No. 37773.

November 23, 1976. Motion for Rehearing or Transfer Denied January 14, 1977. Application to Transfer Denied March 14, 1977.

APPEAL FROM THE CIRCUIT COURT, CITY OF ST. LOUIS, CARL R. GAERTNER, J.

Brassil, Rohlfing McDonald, James L. Rohlfing, St. Louis, for petitioner-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Neil Mac Farlane, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., W. Earl Jacobs, Asst. Circuit Atty., St. Louis, for respondent.


Appellant appeals the dismissal of his motion under Rule 27.26 to vacate and set aside his conviction and sentencing for two distinct offenses in a single trial in 1973. The conviction was affirmed on direct appeal. State v. Woods, 508 S.W.2d 297 (Mo.App. 1974). The charges were joined under authority of Rule 24.04 whose constitutionality appellant raised for the first time in his 27.26 motion.

Appellant's sole contention on this appeal is that Rule 24.04 is invalid arguing that the question of whether or not a person can be convicted of more than one offense in one trial is a matter of substantive law and can only be changed by legislative action and not by court rule.

This contention has been rejected by State v. Baker, 524 S.W.2d 122, 126(3) (Mo. banc 1975) which upheld the validity of Rule 24.04 and specifically stated that Rule 24.04 is a procedural rule.

The judgment is affirmed.

WEIER, P. J., and CLEMENS, J., concur.


Summaries of

Woods v. State

Missouri Court of Appeals, St. Louis District, Division One
Mar 14, 1977
546 S.W.2d 14 (Mo. Ct. App. 1977)
Case details for

Woods v. State

Case Details

Full title:BURTON WOODS, JR., PETITIONER-APPELLANT, v. STATE OF MISSOURI, RESPONDENT

Court:Missouri Court of Appeals, St. Louis District, Division One

Date published: Mar 14, 1977

Citations

546 S.W.2d 14 (Mo. Ct. App. 1977)

Citing Cases

Woods v. State

This court also affirmed the denial of a prior Rule 27.26 motion by movant. Woods v. State, 546 S.W.2d 14…

State v. Williams

Rule 24.04 is procedural and not substantive. State v. Johnson, 537 S.W.2d 816, 819[7, 8] (Mo.App. 1976);…