State of Missouri, Appellant, v. Kenneth Kelley, 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: State of Missouri, Appellant, v. Kenneth Kelley, Respondent. Case Number: 74595 Handdown Date: 11/17/1998 Appeal From: Circuit Court of Franklin County, Hon. John C. Brackman Counsel for Appellant: Linda A. Hoffman Counsel for Respondent: Frank K. Carlson Opinion Summary: The State of Missouri, pursuant to sections 547.200.1(3) and (4), appeals the circuit court order granting defendant Kenneth W. Kelley's motions to suppress evidence and statements. Defendant was originally charged by information with one count of the class C felony of possession of a controlled substance, section 195.202, and one count of the class D felony of unlawful use of a weapon, section 571.030.1(1). REVERSED AND REMANDED. Division Four holds: Pursuant to defendant's filing of his "Confession of Appeal", consenting to the remand of this case to the trial court for further proceedings, the order of the motion court is reversed and the case is remanded for trial. Citation: Opinion Author: Gary M. Gaertner, Judge Opinion Vote: REVERSED AND REMANDED FOR TRIAL. Hoff, P.J., and Rhodes Russell, J., concur. Opinion: Appellant, the State of Missouri (the "state"), appeals the order of the Circuit Court of Franklin County, granting respondent's, Kenneth W. Kelley ("defendant"), motions to suppress evidence and statements. Defendant was originally

charged by information with one count of the class C felony of possession of a controlled substance, RSMo section 195.202 (1994), and one count of the class D felony of unlawful use of a weapon, RSMo section 571.030.1(1) (Cum.Supp. 1996). We reverse and remand for trial. Subsequent to being charged, defendant filed a motion to suppress evidence and a motion to suppress statements. After a hearing on these motions, the motion court sustained both of these motions. Pursuant to RSMo section 547.200.1(3) and (4) (Cum.Supp. 1997), the state appealed the trial court's order. Defendant did not file a respondent's brief. Rather, defendant filed a "Confession of Appeal". This document read as follows: "COMES NOW [defendant], by counsel, and upon review of the evidentiary record herein confesses the appeal of the [state] in this cause, and consents that this matter may be remanded to the trial court for further proceedings." Accordingly, we reverse the judgment of the motion court and remand for further proceedings. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.