State v. PalmState v. Palm
Robert A. Palm (Defendant) was convicted of resisting arrest. The court suspended imposition of sentence and placed Defendant on probation for two years with conditions. Defendant has now filed his notice of appeal from this judgment of conviction. We dismiss the appeal.
In criminal cases, the right of appeal is limited to final judgments. Section 547.070, RSMo 2000. A judgment is final for purposes of appeal when the judgment and sentence are entered.
State v. Welch,
This Court has a duty to examine its jurisdiction
sua sponte. State v. Faudi,
We issued an order to Defendant directing him to show cause why his appeal should not be dismissed. Defendant filed a response, which primarily addresses the merits of his case. However, he asks this Court not to follow the Missouri Supreme Court’s opinion in
Lynch,
pointing out the opinion was only 4-3 and referring to the dissenting opinion. However, this Court, which is a court under the superintending authority of the Missouri Supreme Court, is bound by the decisions of that Supreme Court. Mo. Const. Art. V, Sec. 2 (1945). As to the merits of Defendant’s case, the appropriate remedy when the imposition of sentence is suspended is by a writ of mandamus.
State v. Mohammed,
Defendant’s appeal is dismissed without prejudice for lack of a final, appealable judgment.