State of Missouri, Respondent, v. Ima Deana Conklin, 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. Ima Deana Conklin, Appellant. Case Number: 72805 Handdown Date: 10/20/1998 Appeal From: Circuit Court of Lincoln County, Hon. Fred Rush, Judge Counsel for Appellant: Susan Hogan Counsel for Respondent: Theodore Bruce Opinion Summary: Defendant appeals conviction and sentence on charge of tampering with a judicial officer. REVERSED AND REMANDED. Division Five holds: This Court's opinion dated July 7, 1998, concering co-defendants' appeal on same issue, held the trial judge erred in not recusing himself where defendant filed a timely Rule 32.07 motion. Citation: Opinion Author: Kent E. Karohl, Judge Opinion Vote: REVERSED AND REMANDED. R. Dowd, C.J. and Blackmar, Sr.J., concur. Opinion: Defendant appeals conviction and sentence on charge of tampering with a judicial officer. Section 565.084 RSMo

1. She was a co-defendant in the trial we reviewed in State v. Cella, et. al., ___ S.W. 2d ___ (Mo. App. E.D. 1998)

(Slip Op. 72054 decided July 7, 1998). Defendant presents four arguments to support a new trial. One of her points is the trial court erred in not recusing himself pursuant to a timely Rule 32.07 motion. The relevant facts on this issue are identical with those considered in Cella. We adopt the conclusions and holding of that opinion.

We reverse and remand for a new trial before another judge. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.