Summary
affirming dismissal of Rule 24.035 motion where movant pleaded guilty to felony but received SIS with two years of probation, from which he was released, and therefore failed to meet express Rule requirements because he "was neither convicted of a felony nor delivered to the Missouri Department of Corrections"
Summary of this case from Brown v. StateOpinion
No. 73029
OPINION FILED: September 1, 1998 Motion for Rehearing and/or Transfer to Supreme Court Denied October 26, 1998.
APPEAL FROM: THE CIRCUIT COURT OF ST. LOUIS COUNTY, HONORABLE KENNETH WEINSTOCK.
Dave Hemingway, St. Louis, for movant-appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Jill C. Lahue, Asst. Atty. Gen., Jefferson City, for respondent.
Before Paul J. Simon, P.J., Kathianne Knaup Crane, and Lawrence E. Mooney, JJ.
ORDER
Sammie White (Movant) appeals from the judgment dismissing his Rule 24.035 motion for post-conviction relief. Movant pleaded guilty to unlawful use of a weapon and received a suspended imposition of sentence with two years of probation. He concedes that he was released from his probation and was neither convicted of a felony nor delivered to the Missouri Department of Corrections. Rule 24.035 provides a remedy only for persons "convicted of a felony on a plea of guilty and delivered to the custody of the department of corrections. . . ." Unless these conditions are met, the motion court is without jurisdiction to entertain the motion. Barna v. State, 918 S.W.2d 417, 418 (Mo. App. E.D. 1996); Hopkins v. State, 802 S.W.2d 956, 958 (Mo. App. W.D. 1991). Therefore, we conclude the motion court's dismissal is not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value and we affirm the judgment pursuant to Rule 84.16(b).