State of Missouri, Respondent, v. Donald J. Ellison, Appellant

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Donald J. Ellison, Appellant Case Number: WD66013 Handdown Date: 04/17/2007 Appeal From: Circuit Court of Livingston County, Hon. Warren L. McElwain, Judge Counsel for Appellant: Craig A. Johnston Counsel for Respondent: Shaun J. Mackelprang Opinion Summary: Donald Ellison appeals his conviction for the class A felony of child molestation in the first degree pursuant to section 566.067, RSMo 2000. He argues that section 566.025, RSMo, is unconstitutional. TRANSFERRED TO SUPREME COURT OF MISSOURI Division holds: Ellison directly attacks the constitutionality of section 566.025, therefore, this court does not have jurisdiction pursuant to article III, section 3 of the Missouri Constitution. Accordingly, the case is transferred to the Supreme Court of Missouri for adjudication. Citation: Opinion Author: Harold L. Lowenstein, Judge Opinion Vote: TRANSFERRED TO THE SUPREME COURT. Ulrich, P.J., and Smart, JJ. Opinion: Donald Ellison appeals his conviction for the class A felony of child molestation in the first degree pursuant to

Section 566.067, RSMo 2000. The briefs have been filed and argument heard on this matter. Appellant raises three points. Appeal from point three is manifestly without merit in its challenge to the sufficiency of the evidence. Ellison's appeal is a direct attack on the constitutionality of Section 566.025 RSMo. 2000. As the appellant challenges the constitutionality of Section 566.025, this court determines that it does not have jurisdiction pursuant to Article III, Section 3 of the Missouri Constitution. Accordingly, this case is transferred to the Supreme Court of Missouri for adjudication. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.