State of Missouri, Plaintiff-Respondent v. Dennis L. Williams, Defendant-Appellant

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Southern District Case Style: State of Missouri, Plaintiff-Respondent v. Dennis L. Williams, Defendant-Appellant Case Number: 25546 Handdown Date: 05/20/2004 Appeal From: Circuit Court of Greene County, Hon. Mark Powell, Associate Circuit Judge Counsel for Appellant: Rosalynn Koch Counsel for Respondent: No appearance Opinion Summary: None Citation: Opinion Author: John Parrish, Judge Opinion Vote: DISMISSED. Rahmeyer, C.J., and Shrum, J., concur Opinion: APPEAL DISMISSED Dennis L. Williams (defendant) attempts to appeal action taken in the Circuit Court of Greene County, Missouri, following a jury trial, in a case in which he was charged with driving while intoxicated. Section 577.010, RSMo 2000. As explained in State v. Nenninger, 50 S.W.3d 368 (Mo.App. 2001): Although not questioned by a party, an appellate court must determine its jurisdiction before undertaking to address the merits of an appeal. State v. Bain, 982 S.W.2d 706, 707 (Mo.App. 1998). There is no right to appeal absent statutory authority. State v. Williams, 871 S.W.2d 450, 452 (Mo.banc 1994); Bain, supra. Section 547.070, RSMo 1994,[ (FN1) ] permits an appeal in a criminal case in which final judgment has been rendered. "Absent a final judgment, no appeal can be taken." State v Weber, 989 S.W.2d 256, 257 (Mo.App. 1999). Id. at 368-69. This court looks to the record on appeal to ascertain whether a judgment was rendered. The legal file component of

the record on appeal must include a copy of the judgment and sentence. Rule 30.04(a). No such document appears in the legal file in this case. The appeal is dismissed. Footnotes: FN1. Section 547.070, RSMo 2000, is unchanged from the 1994 revision of that statute.

Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.