Richard A. Resig, Petitioner/Appellant, v. State of Missouri and Larry Rowley, Superintendent of Northeast Correctional Center, Respondents.

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: Richard A. Resig, Petitioner/Appellant, v. State of Missouri and Larry Rowley, Superintendent of Northeast Correctional Center, Respondents. Case Number: ED81346 Handdown Date: 08/06/2002 Appeal From: Circuit Court of Pike County, Hon. Dan Dildine Counsel for Appellant: Robert L. Desselle Counsel for Respondent: Michael J. Spillane Opinion Summary: Richard A. Resig appeals from a judgment denying his petition for a writ of habeas corpus. DISMISSED. Division Five holds: Resig's appeal is dismissed for lack of an appealable judgment because there is no appeal from a decision in a habeas corpus proceeding. Citation: Opinion Author: Lawrence E. Mooney, Chief Judge Opinion Vote: DISMISSED. Crahan and R. Dowd, Jr., JJ., concur. Opinion: Richard A. Resig filed a notice of appeal in which he stated he is appealing a "habeas corpus request based upon a revocation of probation which failed to specify the evidence relied on and reasons for revoking probation." He attached to his notice of appeal a copy of the judgment entered by the circuit court on May 13, 2002. In the judgment, the circuit court denied appellant's petition for writ of habeas corpus. There is no appeal from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363 (Mo. App. S.D. 1981). This Court issued an order directing appellant to show cause why his appeal should not be dismissed for lack

of an appealable judgment. Appellant has failed to file a response. The appeal is dismissed for lack of an appealable judgment. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.