Bowers v. State
2011 Mo. App. LEXIS 67
| Mo. Ct. App. | 2011Background
- Bowers pled guilty to felony possession of cocaine in 2002 and received a suspended imposition of sentence with five years of probation.
- Probation was revoked in 2004; the court sentenced him to seven years but suspended execution and began a second five-year probation term.
- In 2007 the State sought to revoke the second probation; in 2008 the court revoked probation and ordered the seven-year sentence executed.
- Bowers challenged the 2008 judgment under Rule 24.035, claiming the 2004 docket entry was not a valid judgment and the 2008 court lacked jurisdiction because the first probation had expired.
- The issue centers on whether the circuit court retained jurisdiction to revoke probation and execute sentence during valid probation terms, despite a non-appealable 2004 docket entry not styled as a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the 2008 court have jurisdiction to revoke probation and execute sentence? | Bowers argues the 2008 revocation was invalid because the 2004 docket entry was not a proper judgment and his first term had expired. | State argues the court retains jurisdiction during valid probation terms and that the 2004 docket entry, though not an appealable judgment, validly ordered probation terms and renewal. | Yes; the circuit court retained jurisdiction and authority to revoke second probation and order execution. |
Key Cases Cited
- State v. Bachman, 675 S.W.2d 41 (Mo.App. W.D. 1984) (distinguishes suspension of imposition vs execution and court's continuing jurisdiction)
- Norfolk v. State, 200 S.W.3d 36 (Mo.App. W.D. 2006) (probation issues may be challenged via Rule 24.035)
- State ex rel. O'Brien v. Murphy, 592 S.W.2d 194 (Mo.App. E.D. 1979) (court retains jurisdiction during probation)
- Skaggs, 248 S.W.2d 635 (Mo. 1952) (void judgments and appellate requirements for convictions)
- Vinson, 87 S.W.2d 637 (Mo. 1935) (appearance of judgment form does not impair validity)
- Poucher v. Vincent, 258 S.W.3d 62 (Mo. banc 2008) (suspended execution of sentence creates final judgment for appeal purposes)