Ott Law Firm Agent-Safe Plain Text
Official source remains authoritative.

Case: State of Missouri, Plaintiff/Respondent, vs. Robert A. Dunn, Defendant/Appellant.
Case Number: ED101101
Court: Missouri Court of Appeals, Eastern District
Decision Date: 2014-08-19
Outcome: dismissed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/state-of-missouri-plaintiffrespondent-v-robert-a-dunn-defendantappellant-101101
Official Source URL: https://www.courts.mo.gov/file.jsp?id=77032
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%2FRespondent%2C+vs.+Robert+A.+Dunn%2C+Defendant%2FAppellant.&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: sentence)

---
## Opinion

STATE OF MISSOURI,     ) No. ED101101 
       ) 
  Plaintiff/Respondent,   )  
       ) 
 vs.      ) Appeal from the Circuit Court 
       ) of St. Charles County 
ROBERT A. DUNN,      ) No. 1311-CR03752-01 
       )  
  Defendant/Appellant.      ) Filed: August 19, 2014 
       ) 
 
 Robert A. Dunn (Appellant) was convicted of driving while intoxicated.  The trial court 
suspended imposition of sentence and placed Appellant on probation for two years.  Appellant 
has now filed a notice of appeal from the judgment of conviction.  This Court issued an order 
directing Appellant to show cause why this appeal should not be dismissed.  Appellant did not 
file a response.  We dismiss the appeal.    
 In criminal appeals, section 547.070, RSMo 2000, limits the right of appeal to final 
judgments.  In criminal cases, 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).  However, 
where imposition of sentence is not entered, but is suspended, the judgment is not final and a 
defendant may not appeal it.  State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984); See also, 
State v. Larson, 79 S.W.3d 891 (Mo. banc 2002).  Because the trial court suspended imposition 
of sentence, there is no final, appealable judgment. 

 2 
 Where no final, appealable judgment exists, this Court lacks jurisdiction to consider the 
appeal.  State v. Moore, 352 S.W.3d 392, 398 (Mo. App. E.D. 2011).  Therefore, the appeal is 
dismissed without prejudice for lack of a final, appealable judgment. 
 
 
      __________________________________ 
      ANGELA T. QUIGLESS, CHIEF JUDGE 
 
 
Lisa Van Amburg, J., and 
Philip M. Hess, J., Concur.