State v. Payne, 403 S.W.3d 606

Appellant Timmy Payne pled guilty to burglary in 1995 and was sentenced to seven years in the Missouri Department of Corrections.
In December 2010, Payne filed a motion in his criminal case to vacate his conviction based on actual innocence.
Trial court denied the motion; Payne appealed seeking relief from the conviction.
The court held it lacked statutory authority to review the appeal in this post-conviction context and dismissed the case.
Authorities cited include rules and statutes governing final judgments and appellate jurisdiction in criminal cases, noting untimeliness of the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is within the court's authority	Payne argues for appellate review despite the post-conviction nature.	The state asserts lack of statutory authority to hear the appeal after final judgment.	Appeal dismissed for lack of authority.
Timeliness of the 1995 judgment appeal	N/A (not asserted as a timely direct appeal).	Appeal filed well outside the time limits for a direct appeal after final judgment.	Appellant's judgment became final in 1995; timely appeal was not filed.

State v. Williams, 871 S.W.2d 450 (Mo. banc 1994) (no right to appeal without statutory authority)
State v. Smith, 204 S.W.3d 697 (Mo. App. E.D. 2006) (appeals from final judgments in criminal cases require statutory authority)
Ferrell, 317 S.W.3d 688 (Mo. App. S.D. 2010) (orders denying relief after final judgment are not appealable)
Goodloe, 285 S.W.3d 769 (Mo. App. E.D. 2009) (order denying credit for time served not appealable)
Harris v. State, 48 S.W.3d 71 (Mo. App. W.D. 2001) (order denying motion to correct plain error under Rule 29.12(b) not appealable)
Phillips v. State, 924 S.W.2d 318 (Mo. App. S.D. 1996) (late filing bars relief grounds)
Amrine v. Roper, 102 S.W.3d 541 (Mo. banc 2003) (distinguishes habeas corpus relief from untimely direct appeal)