Missouri Court of Appeals, Southern District / Aug 14, 2024
BOBBY JOHNSON, Appellant vs. STATE OF MISSOURI, Respondent
Bobby Johnson appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing the trial court exhausted its jurisdiction after his initial 2018 sentencing. The trial court had initially sentenced Johnson under a non-existent statute, then brought him back 83 days later via a writ to be resentenced in 2021. The appellate court vacated the motion court's judgment, holding that the trial court's 2018 judgment, though erroneous, was final, and it lost jurisdiction to take further action, rendering the subsequent 2021 plea and sentence void.