Sammie White, 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: Sammie White, Appellant, v. State of Missouri, Respondent. Case Number: 73029 Handdown Date: 09/01/1998 Appeal From: Circuit Court of St. Louis County, Hon. Kenneth Weinstock Counsel for Appellant: Dave Hemingway Counsel for Respondent: John M. Morris, III, and Jill C. Lahue Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Simon, P.J., Crane and Mooney, J.J., concur. Opinion: ORDER Sammie White (Movant) appeals from the judgment dismissing his Rule 24.035 motion for post-conviction relief. Movant pleaded guilty to unlawful use of a weapon and received a suspended imposition of sentence with two years of probation. He concedes that he was released from his probation and was neither convicted of a felony nor delivered to the Missouri Department of Corrections. Rule 24.035 provides a remedy only for persons "convicted of a felony on a plea of guilty and delivered to the custody of the department of corrections . . . ." Unless these conditions are met, the motion court is without jurisdiction to entertain the motion. Barna v. State, 918 S.W.2d 417, 418 (Mo. App. E.D. 1996); Hopkins v. State, 802 S.W.2d 956, 958 (Mo. App. W.D. 1991). Therefore, we conclude the motion court's dismissal is not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value and we affirm the judgment pursuant to Rule 84.16(b). Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.