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Case: STATE OF MISSOURI EX REL.
JOSHUA HAWLEY, Relator,
v.
HONORABLE SIDNEY PEARSON, Respondent.
Case Number: SD35005
Court: Missouri Court of Appeals, Southern District
Decision Date: Unknown
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/state-of-missouri-ex-rel-joshua-hawley-relator-v-honorable-sidney-pearson-d35005
Official Source URL: https://www.courts.mo.gov/file.jsp?id=120454
Related Practice Areas:
- Criminal Law: https://ott.law/practice-areas/criminal-law?ott_archive=missouri-courts&ott_archive_practice_area=criminal-law&ott_archive_query=STATE+OF+MISSOURI+EX+REL.%0AJOSHUA+HAWLEY%2C+Relator%2C%0Av.%0AHONORABLE+SIDNEY+PEARSON%2C+Respondent.&ott_archive_link_source=tag&ott_archive_link_score=30&ott_archive_link_evidence=tag%3A+criminal-law%3B+text%3A+state+of+missouri&ott_archive_location=opinion_plain_text_practice_area (slug: criminal-law; source: tag; score: 30; evidence: tag: criminal-law, text: state of missouri, text: sentence)

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## Opinion

1 
 
STATE OF MISSOURI EX REL. ) 
JOSHUA HAWLEY,  ) 
  ) 
 Relator,  ) 
  ) 
v.   ) No. SD35005 
  ) 
HONORABLE SIDNEY PEARSON,  ) Filed:  Dec. 5, 2017 
  ) 
 Respondent.  ) 
 
ORIGINAL PROCEEDING IN MANDAMUS 
 
(Before Sheffield, P.J., Lynch, J., and Burrell, J.) 
 
PERMANENT WRIT IN MANDAMUS ISSUED 
 
PER  CURIAM.    Relator  has  presented  to  this  Court  a  petition  in  mandamus  
seeking, inter  alia,  an  order  of  this  Court,  directed  to  you  in  Dent  County  Case  No.  
13DE-CR00230,  to  rescind  certain  orders  purporting  to  vacate  and  re-sentence  the  
defendant in said case; 
 WHEREAS, the Court issued a preliminary writ on June 20, 2017, and the parties 
have fully briefed the matter; further, the Supreme Court issued an opinion on November 
21, 2017, which has decided all of the issues presented by the parties; 
 

 2 
NOW, THEREFORE, having fully considered the matter, the Court hereby orders 
and  adjudges  that  this  Court's  Permanent  Writ  in  Mandamus  ought  to  be,  and  the  same  
hereby is, issued whereby respondent, the Honorable Sidney Pearson, is ordered to vacate 
the order of March 15, 2017, in Dent County Case No. 13DE-CR00230-01, and the order 
or  judgment  of  May  5,  2017,  in  Dent  County  Case  No.  13DE-CR00230-02,  which  
purported  to  reopen  the  criminal  case,  to  set  aside  the  defendant's  conviction  and  
sentence,  and  to  re-sentence  the  defendant  under  the  auspices  of  Rule  29.12(b).    The  
circuit  court  is  without  jurisdiction  to  do  so  and  any  such  orders  and  judgments  made  
pursuant  thereto  are  null  and  void.    State  ex  rel.  Zahnd  v.  Van  Amburg  and  Fincham, 
SC96378 and SC96382.