State of Missouri, Plaintiff/Respondent v. Charles Lynch, 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 Eastern District Case Style: State of Missouri, Plaintiff/Respondent v. Charles Lynch, Defendant/Appellant. Case Number: ED87896 Handdown Date: 05/16/2006 Appeal From: Circuit Court of St. Louis County, Hon. Gary M. Gaertner, Jr. Counsel for Appellant: Charles Lynch, Pro Se Counsel for Respondent: Shaun J. Mackelprang Opinion Summary: Charles Lynch appeals from a judgment denying his motion to dismiss for failure to prosecute, speedy trial and iInterstate agreement on detainers act. DISMISSED. Division Five holds: There is no final, appealable judgment under section 547.070, RSMo. Lynch's case remains pending in the trial court, he has not been convicted, and no judgment and sentence have been entered. Citation: Opinion Author: Glenn A. Norton, C.J. Opinion Vote: DISMISSED. Crane, J., and Shaw, J., concur. Opinion: Defendant Charles Lynch appeals from a judgment denying his motion to dismiss for failure to prosecute, speedy trial and Interstate Agreement on Detainers Act. The appeal is dismissed. This Court has a duty to examine its jurisdiction sua sponte. State v. Palm, 158 S.W.3d 861 (Mo. App. E.D. 2005).

In criminal cases, the right of appeal is limited to final judgments. Section 547.070, RSMo 2000. A judgment is final for purposes of appeal when the judgment and sentence are entered. State v. Welch, 865 S.W.2d 434, 435 (Mo. App. E.D.1993). Here, no judgment and sentence has been entered. Defendant is improperly attempting to appeal from an interlocutory order of the trial court denying his motion to dismiss. This is not an appealable order under section 547.070. State v. Liggins, 133 S.W.3d 563, 564 (Mo. App. E.D. 2004). We issued an order directing Defendant to show cause why his appeal should not be dismissed. Defendant has filed a response to the order. He acknowledges that the appeal is interlocutory, but asks this Court to review the issue. Where there is no final, appealable judgment, we have no jurisdiction to consider the appeal. Palm, 158 S.W.3d at 861. The appeal is dismissed without prejudice for lack of a final, appealable judgment. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.