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Case: STATE OF MISSOURI, Plaintiff-Respondent
vs.
ALTON L. VAUGHN, SR., Defendant-Appellant
Case Number: SD32253
Court: Missouri Court of Appeals, Southern District
Decision Date: 2013-01-15
Outcome: dismissed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/state-of-missouri-plaintiff-respondent-v-alton-l-vaughn-sr-defendant-appe-d32253
Official Source URL: https://www.courts.mo.gov/file.jsp?id=59368
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%2C+Plaintiff-Respondent%0Avs.%0AALTON+L.+VAUGHN%2C+SR.%2C+Defendant-Appellant&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: felony)

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## Opinion

STATE OF MISSOURI,       ) 
      ) 
 Plaintiff-Respondent,    ) 
      ) 
vs.          )          No. SD32253 
      ) 
ALTON LOUIS VAUGHN, SR.,     )          Filed January 15, 2013 
      ) 
 Defendant-Appellant.   ) 
 
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY 
 
Honorable Joseph W. Schoeberl, Special Judge 
 
APPEAL DISMISSED
 
Alton Louis Vaughn, Sr. ("Defendant") was convicted on four counts of the class D 
felony of unlawful merchandising practices, see section 407.020, RSMo 2000, and sentenced to a 
combined total of six years' incarceration and fines totaling $13,125.00.  Defendant timely 
appealed those convictions, and after he failed to perfect that appeal, this court issued its 
mandate dismissing it on June 30, 2011.  Defendant now appeals a trial court order entered on 
January 19, 2012, granting him probation under the provisions of section 559.115.2, RSMo 
Cum.Supp 2005.  In the absence of a final judgment, this Court does not have statutory authority 
to hear this appeal or to take any action other than to dismiss it. 
There is no right of appeal without statutory authority.  In criminal cases, 
[section] 547.070 authorizes appeals from "final" judgments; a final judgment 
occurs when a sentence is entered; and probation is not part of a sentence. 

 2 
Consequently, there is no right to appeal a trial judge's decision to grant or deny 
probation.   
State v. Ferrell, 317 S.W.3d 688 (Mo.App. 2010) (internal citations and quotations omitted).  
Defendant asserts no point or argument otherwise in his brief. 
This appeal is dismissed. 
 
GARY W. LYNCH, P.J. - Opinion author 
NANCY STEFFEN RAHMEYER, J. - concurs  
WILLIAM W. FRANCIS, JR., J. - concurs