State of Missouri, Plaintiff/Respondent v. John Blalock, 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. John Blalock, Defendant/Appellant. Case Number: ED82829 Handdown Date: 10/14/2003 Appeal From: Circuit Court of the City of St. Louis, Hon. Angela Turner-Quigless Counsel for Appellant: Daniel L. Mohs Counsel for Respondent: Gary Joseph Lauber Opinion Summary: John Blalock appeals from a judgment of conviction of first-degree sexual misconduct. APPEAL DISMISSED. Division Five holds: In criminal cases, a judgment is final for purposes of appeal when the judgment and sentence are entered. The court suspended imposition of Blalock's sentence. Consequently, there is no final judgment from which Blalock may appeal. Accordingly, Blalock's appeal is dismissed for lack of a final, appealable judgment. Citation: Opinion Author: Sherri B. Sullivan, Chief Judge Opinion Vote: DISMISSED. Mooney, J., and Draper III, J., concur. Opinion: John Blalock (Defendant) appeals from a judgment of conviction of sexual misconduct in the first degree, a class A misdemeanor in violation of Section 566.090.(FN1) The trial court suspended imposition of sentence, placed Defendant on probation for six months, and ordered Defendant to participate in sexual offender classes. This Court issued on Order to Show Cause directing Defendant to show why this appeal should not be dismissed for lack of a final, appealable judgment. Defendant filed no response to the order.

There is no right of appeal without statutory authority. State v. Ham, 91 S.W.3d 676, 677 (Mo. App. E.D. 2002). The right of appeal in criminal cases is limited by statute to final judgments. Section 547.070. In criminal cases, a judgment is final for purposes of appeal when the judgment and sentence are entered. Ham, 91 S.W.3d at 677. Where imposition of sentence is suspended, the judgment is not final and a defendant may not appeal it. Id. The trial court suspended imposition of Defendant's sentence. Consequently, there is no final judgment from which Defendant may appeal. We have a duty to sua sponte determine whether or not we have jurisdiction to entertain an appeal, and if we lack jurisdiction, then the appeal should be dismissed. Id. Accordingly, Defendant's appeal is dismissed for lack of a final, appealable judgment.

Footnotes: FN1. All statutory references are to RSMo. (2000), unless otherwise indicated. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.