St. Louis County, Respondent, v. Joseph P. Afshari, Appellant.

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: St. Louis County, Respondent, v. Joseph P. Afshari, Appellant. Case Number: 73502 Handdown Date: 09/29/1998 Appeal From: Circuit Court of St. Louis County, Hon. Celeste L. Edicott Counsel for Appellant: Lloyd E. Eaker Counsel for Respondent: John A. Ross and Eva C. Konieczny Opinion Summary: Joseph P. Afshari appeals the judgment on remand of the Municipal Court of St. Louis County entered in favor of respondent, St. Louis County, on St. Louis County's prosecution of Afshari for multiple building code violations. DISMISSED. Division Four holds:Appellant did not file his notice of appeal within ten days after the judgment against him became final and, therefore, the appeal must be dismissed. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. Hoff, P.J., Gaertner and Rhodes Russell, JJ., concur. Opinion: Appellant, Joseph P. Afshari, appeals the judgment on remand of the Municipal Court of St. Louis County entered in favor of respondent, St. Louis County, on St. Louis County's prosecution of Afshari for multiple building code violations. We dismiss the appeal. Afshari was charged with sixteen counts of building code violations in the St. Louis County Municipal Court. These violations were for failing to obtain a general occupancy permit before occupation of premises owned by Afshari

and operated by his tenant and for violating the terms of a temporary occupancy permit. On August 17, 1995, Afshari was found guilty of the sixteen charges by the Municipal Court of St. Louis County. Afshari appealed that decision to this court. This court affirmed eight of the sixteen counts, reversed eight of the counts and remanded for sentencing. On June 16, 1997, the Municipal Court of St. Louis County sentenced Afshari on the remaining eight counts. On July 25, 1997, Afshari filed his notice of appeal. In prosecutions of ordinance violations, the rules of criminal procedure are to be applied. City of Webster Groves v. Erickson, 789 S.W.2d 824, 826 (Mo.App.E.D. 1990). Rule 30.01(d) sets out the time frame for appealing. In pertinent part, the rule states, "No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final." The sentencing of a defendant constitutes and has the same meaning as a judgment or final judgment. State v. Lynch, 679 S.W.2d 858, 860 (Mo.banc 1984). Afshari's notice of appeal was filed more than ten days after the Municipal Court sentenced him and therefore was untimely. Accordingly, the appeal is dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.