State v. Besendorfer, 372 S.W.3d 914

Besendorfer appeals a DWI conviction; he argues the evidence is insufficient.
Judgment was entered prematurely, and the appeal is dismissed for lack of final judgment.
State Trooper found Besendorfer asleep in a pickup stuck in a snow bank; interior lights on, engine running.
Besendorfer exhibited slurred speech, unsteady gait, odor of intoxants, and glassy eyes; he admitted drinking.
He refused a breath test; trial court found him guilty as a persistent offender and sentenced to four years, suspended with five years probation.
On appeal, the court notes lack of final judgment and dismisses the appeal; second issue regarding sufficiency is not addressed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Judicial authority over premature judgments	Besendorfer argues merits review is warranted for economy.	State argues premature judgment void absent waiver.	Appeal dismissed; no authority to hear.
Waiver of right to new trial	Besendorfer contends waiver not needed for jurisdictional purposes.	Right to move for a new trial must be expressly waived; otherwise judgment is premature.	Judgment premature; must dismiss.
Sufficiency of the evidence	State asserts sufficient evidence for DWI conviction.	Besendorfer asserts insufficiency of evidence.	Not addressed due to dismissal of appeal.

State v. Herron, 136 S.W.3d 126 (Mo. App. E.D. 2004) (premature judgments require waiver; appeal not allowed without waiver)
State v. Dean, 5 S.W.3d 616 (Mo. App. S.D. 1999) (premature and void judgment when no waiver and time not elapsed)
City of Sunset Hills v. Wymer, 262 S.W.3d 293 (Mo. App. E.D. 2008) (premature judgments void; cannot review merits)
State v. Howe, 171 S.W.3d 799 (Mo. App. E.D. 2005) (premature judgments; need to remand)
State v. Goth, 792 S.W.2d 437 (Mo. App. W.D. 1990) (supports dismissal when waiver not exercised)