STATE OF MISSOURI, Plaintiff-Respondent vs. CHARLES G. HAWTHORNE, Defendant-Appellant

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STATE OF MISSOURI, ) ) Plaintiff-Respondent ) ) No. SD29036 ) CHARLES G. HAWTHORNE, ) Filed: February 19, 2009 ) Defendant-Appellant )

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY

Honorable Mark A. Powell, Associate Circuit Judge

APPEAL DISMISSED

Charles G. Hawthorne undertakes to appeal this court-tried criminal case. The appeal must be dismissed. Rule 30.04 prescribes what is required in the record on appeal that must be filed in the appeal of a criminal case. The record on appeal is divided into two components, the legal file and the transcript. Rule 30.04(a). "The legal file component of the record on appeal must include a copy of the judgment and sentence. Rule 30.04(a). Rule 29.07(c) requires that a judgment of conviction 'set forth the plea, the verdict or findings, and the adjudication and sentence.'" State v. Nenninger, 50 S.W.3d 368, 369 (Mo.App. 2001). See also City of Neosho

2 v. Doyle, 52 S.W.3d 651 (Mo.App. 2001); State v. Miner, 606 S.W.2d 448 (Mo.App. 1980). The record on appeal in this case does not include a final judgment. The appeal is dismissed.

JOHN E. PARRISH, Judge Lynch, C.J., and Rahmeyer, J., concur

Appellant's attorney – David B. Smith Respondent's attorney – Darrell L. Moore, Joseph E. Knipp