State v. Murphy, 43015
| Decision Date | 03 November 1981 |
| Docket Number | No. 43015,43015 |
| Citation | 626 S.W.2d 649 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Sherry MURPHY, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Joan M. Burger, Terry J. Flanagan, St. Louis, for defendant-appellant.
John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.
On May 16, 1980, following a hearing in the circuit court, the court revoked the probation to which defendant had been admitted on December 15, 1978. She was then sentenced to one year in the St. Louis Medium Security Institution and further probation was denied. Thereafter on May 22, 1980, defendant filed a notice of appeal to this court. The State as respondent in this appeal questions our jurisdiction to hear the case and moves dismissal of the appeal. For reasons hereinafter given, we deny the motion and affirm the judgment.
We first consider the facts. On October 16, 1978, defendant entered a plea of guilty to a charge of stealing from a dwelling. The court accepted the plea but deferred sentence until December 15, 1978, for pre-sentence investigation. On December 15 the imposition of sentence was suspended for one year and defendant was placed on probation. As one of the conditions of her probation, she was to enter and successfully complete a halfway house program. She left there prematurely and failed to report her address to her probation officer as required. She also neglected to make restitution to the victim of her theft in the amount of $150. Upon the application of the Missouri Board of Probation and Parole, probation was suspended on January 17, 1979, and a capias warrant was ordered to issue for her arrest. She was not arrested until March 31, 1980. Counsel was appointed to represent her on April 11, 1980; and as previously stated, after a hearing before the court on April 16, 1980, her probation was revoked and she was sentenced.
Usually a plea of guilty consents to the judgment of the trial court and waives all defenses and errors. This does not prevent, however, an attack on the court's jurisdiction and the sufficiency of the indictment or information. Kansas City v. Stricklin, 428 S.W.2d 721, 724(7) (Mo.banc 1968); State v. Zito, 595 S.W.2d 383, 384(1) (Mo.App.1980). Defendant has appealed. She has made no charge directed toward the sufficiency of the information in respect to the crime charged and she has not challenged the jurisdiction of the circuit court. We find no defect in either respect. The points relied on by defendant on her appeal are directed toward abuses of discretion and failure to accord the appellant due process at the revocation hearing. Any errors that might exist in that proceeding could not affect the validity of the sentence and judgment on the plea of guilty.
Section 547.070, RSMo 1978, provides:
"In all cases of final judgment rendered upon any indictment or information, an appeal to the proper appellate court shall be allowed to the defendant...."
This section governs the right of appeal in criminal cases. The right to appeal is based upon statutory law. Unless there is statutory authority, there is no right to an appeal. United Labor Committee, Inc. v. Ashcroft, 572 S.W.2d 446, 447(1) (Mo.banc 1978). Furthermore, judgment in a criminal case is final for purposes of appeal when the sentence is entered. State ex rel. Wagner v....
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State v. Burnett, WD 59948.
...even after a plea of guilty, and for the first time in the appellate court." Id. at 724-25. Stricklin was followed by State v. Murphy, 626 S.W.2d 649 (Mo.App.1981). In Murphy, the defendant pleaded guilty to a charge of stealing from a dwelling, received a suspended imposition of sentence, ......
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Davis v. Purkett
...may not directly appeal an order revoking their probation, Winegar v. State, 967 S.W.2d 265, 266 (Mo.Ct.App.1998); State v. Murphy, 626 S.W.2d 649, 650 (Mo.Ct.App.1981), nor are such orders reviewable under Missouri Supreme Court Rules 29.15 or 24.035. Teter v. State, 893 S.W.2d 405, 406 (M......
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Novak v. State, 56448
...a suspended imposition of sentence is not appealable. State v. Lynch, 679 S.W.2d 858, 860-62 (Mo. banc 1984); State v. Murphy, 626 S.W.2d 649, 650 (Mo.App., E.D.1981). Therefore, appellant had a right to appeal his kidnapping conviction when execution was suspended in June of 1984 and had a......
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Lamb v. State, 17396
...point, the defendant cites State v. Gladies, 456 S.W.2d 23 (Mo.1970); Wickline v. State, 718 S.W.2d 604 (Mo.App.1986); State v. Murphy, 626 S.W.2d 649 (Mo.App.1981). Those cases are not on point and do not aid the His position is supported by the following statement: "[N]or is there any que......
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Section 26.30 By Defendant
...Section 547.070, RSMo 2000; Rule 30.01(a). A judgment in a criminal case becomes final only when sentence is imposed. State v. Murphy, 626 S.W.2d 649, 650 (Mo. App. E.D. 1981); State v. Manis, 603 S.W.2d 706, 707 (Mo. App. S.D. 1980). Strictly speaking, then, a defendant must appeal from th......
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Section 15.22 Revocation of Probation
...are not final judgments. “[A] judgment in a criminal case is final for purposes of appeal when the sentence is entered.” State v. Murphy, 626 S.W.2d 649, 650 (Mo. App. E.D. 1981). Therefore, a revocation of probation is not a final judgment. State v. Henderson, 750 S.W.2d 507, 516 (Mo. App.......
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Section 26.7 By Defendant
...a judgment is final for appellate purposes only when a judgment and sentence have been entered by the trial court. State v. Murphy, 626 S.W.2d 649, 650 (Mo. App. E.D. 1981); State v. Manis, 603 S.W.2d 706, 707 (Mo. App. S.D. 1980); § 547.070, RSMo 2000; Rule...