State v. Lawson, 10780
Decision Date | 19 December 1977 |
Docket Number | No. 10780,10780 |
Citation | 560 S.W.2d 324 |
Parties | STATE of Missouri, Plaintiff-Respondent, v. Thomas Edward LAWSON, Defendant-Appellant. |
Court | Missouri Court of Appeals |
John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Sandra L. Skinner, Budd & Skinner, Springfield, for defendant-appellant.
A jury in the Circuit Court of Greene County found defendant, a habitual offender, guilty of assault with intent to do great bodily harm. § 559.190, V.A.M.S. On August 11, 1977, defendant's motion for a new trial was heard and overruled, defendant was afforded allocution and sentenced by the court to five years' imprisonment.
The circuit clerk on August 16, 1977, without having received the $20 docket fee required by Rule 81.04, V.A.M.R., improperly filed defendant's notice of appeal. On August 25, 1977, or on the 14th day after sentence and judgment, the trial court "sustained defendant's application and/or motion to appeal as a poor person."
Keeney v. State, 556 S.W.2d 514-515 (Mo.App.1977).
Appeal dismissed. 1
All concur.
* Motion for reinstatement treated as motion for rehearing and denied.
1 The attention of counsel for defendant is directed to the provisions of Rule 28.07, V.A.M.R.
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...in forma pauperis was filed. Robinson v. State, Ga., 191 S.E. 113 (1937). Similar results were reached in Missouri, State v. Lawson, Mo., 560 S.W.2d 324 (1977); and State v. Worl, Mo., 531 S.W.2d 294 (1975); in Oklahoma, Waggoner v. State, 13 Okl.Cr. 715, 167 P. 237 (1917); and Doan v. Stat......
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...536 S.W.2d 518 (Mo.App.1976). As the notice of appeal was untimely filed and, hence invalid, we have no jurisdiction. State v. Lawson, 560 S.W.2d 324 (Mo.App.1977). The appeal is ordered dismissed and defense counsel is admonished to con the provisions of Rule 28.07, All concur. ...