477 S.W.2d 729 | Mo. Ct. App. | 1972
Defendant appeals a conviction of common assault for striking a police officer who had accused him of shoplifting. We find the purported judgment and sentencing defective and the case not ripe for our consideration.
The record shows the trial court has neither afforded defendant allocution nor rendered a final judgment in accordance with Rules 27.09, 27.10 and 27.20.
In State v. Chase, 415 S.W.2d 731, the supreme court held that where no final judgment has been rendered an appeal is premature. The cause must be remanded with directions to cause defendant to be brought into court to grant allocution (Rule 27.09) and to pronounce sentence. See also State v. Hendel, Mo.App., 468 S.W.2d 664; State v. Grimes, Mo.App., 470 S.W.2d 4; State v. Myers, Mo.App., 467 S.W.2d 577; State v. Nichols, Mo.App., 474 S.W.2d 54.
The appeal must be dismissed and the cause remanded for allocution and entry of final judgment.
PER CURIAM:
The foregoing opinion of CLEMENS, C., is adopted as the opinion of this court. Accordingly, the cause is remanded for al-locution and entry of final judgment.
. All rule numbers refer to Supreme Court Rules, Y.A.M.R.