Missouri Court of Appeals, Eastern District / Jun 11, 2019
Andrew M. Marty, Appellant, vs. State of Missouri, Respondent.
Andrew Marty appealed the denial of his post-conviction relief motion, arguing his felony stealing sentence exceeded the legal maximum under State v. Bazell. The appellate court dismissed the appeal for lack of jurisdiction. The court found that Marty was never delivered to the Department of Corrections on the felony stealing conviction, and his probation for that conviction had been discharged, which terminated the trial court's jurisdiction and precluded relief under Rule 24.035.