There is a long line of cases holding that in such circumstances, the judgment is void and the appeal must be dismissed. See, e.g., State v. Besendorfer, 372 S.W.3d 914, 915 (Mo.App.W.D.2012); City of Byrnes Mill v. Rice, 136 S.W.3d 84, 85 (Mo.App.E.D.2004); State v. Goth, 792 S.W.2d 437, 438 (Mo.App.W.D.1990); State v. Wren, 609 S.W.2d 480, 481 (Mo.App.W.D.1980). We believe the reasoning in those cases conflicts with our Supreme Court's decision in J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009).
Any judgment and sentence rendered by the trial court prior to the filing and ruling on the motion for new trial is premature and void. State v. Drury, 160 S.W.3d 419, 420 (Mo.App.E.D. 2005); See also, City of Byrnes Mill v. Rice, 136 S.W.3d 84, 85 (Mo.App.E.D. 2004). Here, the trial court assessed a fine against Defendant on July 9, 2007, the same day it found her guilty, prior to the time period for filing her motion for new trial expired.
Any judgment and sentence rendered by the trial court prior to the filing and ruling on the motion for new trial is premature and void. State v. Burkemper, 853 S.W.2d 416, 417 (Mo.App.E.D. 1993); See also, City of Byrnes Mill v. Rice, 136 S.W.3d 84, 85 (Mo.App.E.D. 2004); State v. Hauser, 101 S.W.3d 320, 321 (Mo.App.E.D. 2003). A defendant has the right to file a motion for new trial within 15 days after the trial court finds him guilty. Rule 29.11(b) (e).