Woods v. State, 37773
| Decision Date | 23 November 1976 |
| Docket Number | No. 37773,37773 |
| Parties | Burton WOODS, Jr., Petitioner-Appellant, v. STATE of Missouri, Respondent. . Louis District, Division One |
| Court | Missouri Court of Appeals |
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.
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State v. Williams, 10420
...is unsound. Rule 24.04 is procedural and not substantive. State v. Johnson, 537 S.W.2d 816, 819(7, 8) (Mo.App.1976); Woods v. State, 546 S.W.2d 14 (Mo.App.1976). "A defendant does not have either a federal or state constitutional right to be tried on only one offense at a time." State v. Ba......
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State v. Buford, KCD
...Rev'd on other grounds, --- U.S. ----, 99 S.Ct. 664, 58 L.Ed.2d 579; State v. Perkins, 555 S.W.2d 693 (Mo.App.1977); Woods v. State, 546 S.W.2d 14 (Mo.App.1977). The second issue raised under Rule 24.04 that of the joinder of the robbery and assault counts involving Margaret Mathews, Counts......
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Woods v. State, s. 41765
...State v. Woods, 508 S.W.2d 297 (Mo.App.1974). This court also affirmed the denial of a prior Rule 27.26 motion by movant. Woods v. State, 546 S.W.2d 14 (Mo.App.1977). In this motion, movant contends, relying on Hardnett v. State, 564 S.W.2d 862 (Mo. banc 1978), that the circuit court erred ......