Opinion
No. ED 82327
September 30, 2003
Appeal from the Circuit Court of the City of St. Louis, Honorable Steven R. Ohmer.
John Munson Morris, III, Adriane Dixon Crouse, Assistant Attorney General, P.O. Box 899, Jefferson City, MO, 65102, for respondent.
John P. Rogers, Stephen R. Welby, Rosenblum, Schwartz Rogers, P.C., 120 S. Central Avenue, Suite 130, Clayton, MO, 63105, for appellant.
Before GLENN A. NORTON, P.J., KATHIANNE KNAUP CRANE, J. and MARY K. HOFF, J.
ORDER
Defendant, Michael Tayon, appeals from the judgment denying his Rule 29.07(d) motion to withdraw his guilty plea to charges on which sentence was imposed, but execution of the sentence was suspended. The judgment is based on findings of fact that are not clearly erroneous. No error of law appears. A written opinion reciting the detailed facts and restating the principles of law would have no precedential value. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.
A Rule 29.07(d) motion to revoke a guilty plea is a civil proceeding, although it is not a separate action and retains the same docket number. State v. Larson, 79 S.W.3d 891, 893 (Mo.banc 2002). We therefore affirm the judgment pursuant to Rule 84.16(b).