State of Missouri, Respondent, v. Andre L. Shambley-Bey, 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, Respondent, v. Andre L. Shambley-Bey, Appellant. Case Number: 74297 Handdown Date: 04/27/1999 Appeal From: Circuit Court of St. Louis County, Hon. Robert S. Cohen Counsel for Appellant: Andre Shambley-Bey, Pro Se Counsel for Respondent: John Morris, III Opinion Summary: Andre Shambley-Bey appeals from the denial of his motion to withdraw his guilty plea pursuant to Rule 29.07(d), after he received a suspended imposition of sentence. DISMISSED. Division Two holds: No appeal lies from the circuit court's order denying a motion to withdraw guilty plea where the record fails to show the court ever pronounced sentence on the plea but only suspended imposition of sentence. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. J. Dowd, P.J., Crahan, and Teitelman, JJ., concur. Opinion: Andre Shambley-Bey, Movant, pleaded guilty to second degree trafficking and possession of cocaine on June 16, 1993 and the plea court suspended imposition of his sentence. Movant filed a motion to withdraw his guilty plea pursuant to Rule 29.07(d), which the court denied. No appeal lies from the circuit court's order denying a motion to withdraw guilty plea where the court never pronounced sentence on the plea but only suspended imposition of sentence. State v. Waters, 882 S.W.2d 269, 270-71

(Mo. App. S.D. 1994). Here, the trial court appears to have suspended Movant's probation, but the record before us fails to show Movant has ever been sentenced on these charges. Therefore, no final judgment or order supports an appeal. Appeal dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.