Deandre Buchanan, Appellant, v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Deandre Buchanan, Appellant, v. State of Missouri, Respondent. Case Number: ED89018 Handdown Date: 03/06/2007 Appeal From: Circuit Court of Washington County, Hon. Troy K. Hyde Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Shaun Mackelprang Opinion Summary: Deadre Buchanan appeals the trial court's judgment denying his petition for writ of habeas corpus. DISMISSED. Division Five holds: The appeal is dismissed for lack of an appealable judgment because Buchanan's remedy for a denial for a writ of habeas corpus is to file a new writ in a higher court. Citation: Opinion Author: Booker T. Shaw, Chief Judge Opinion Vote: APPEAL DISMISSED. Norton and Cohen, JJ., concur. Opinion: Appellant Deandre Buchanan appeals from a judgment denying his petition for writ of habeas corpus. The appeal is dismissed. Respondent State of Missouri has filed a motion to dismiss Appellant's appeal. Appellant has not filed a response

to the motion. Respondent asserts that there is no authority for Appellant's appeal. Appellant seeks to appeal from the circuit court's judgment denying his petition for writ of habeas corpus. An appeal does not lie from the denial of a petition for habeas corpus. Blackmon v. Missouri Board of Probation and Parole, 97 S.W.3d 458 (Mo. banc 2003); Waserman v. Purkett, 169 S.W.3d 151 (Mo. App. E.D. 2005).(FN1) If we lack jurisdiction to entertain an appeal, then it should be dismissed. Buff v. Roper, 155 S.W.3d 811, 812 (Mo. App. E.D. 2005). Respondent's motion to dismiss is granted. The appeal is dismissed for lack of an appealable judgment. Footnotes: FN1. A petitioner's remedy where a petition for writ of habeas corpus is denied is to file a new writ petition in a higher court. Webster v. Purkett, 110 S.W.3d 832, 837 (Mo. App. E.D.2003). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.