State of Missouri, Respondent v. Robert I. Fisher, 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. Robert I. Fisher, Appellant. Case Number: ED84678 Handdown Date: 04/19/2005 Appeal From: Circuit Court of Franklin County, Hon. Gael D. Wood Counsel for Appellant: Rosalynn Koch Counsel for Respondent: Deborah Daniels and Leslie McNamara Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. Ahren, P.J., Norton and Baker, J.J. Opinion: This appeal arises from Robert Fisher's conviction for second degree statutory sodomy after a bench trial. After a sentencing hearing, the trial court issued a "memorandum," in which Fisher was ordered to serve 120-days shock time in the county jail with work release. This order does not meet the requirements of Rule 29.07(c). The trial court's docket sheet indicates that a "judgment" was entered, but no such document appears in the record on appeal. Recognizing that there was no final appealable judgment in this case, the parties jointly sought to stay the appeal pending execution of a final judgment. We ordered Fisher to show cause why the appeal should not be dismissed for lack of a final judgment, concluding that there was no authority for the parties' request for a stay and no authority for acceptance of a premature notice of appeal in a criminal case. But see Rule 81.05(b) (regarding premature appeals in civil cases). Nothing has been filed in response to the order to show cause, and the appeal is, therefore, dismissed for lack of a final judgment. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.