Olds v. State

Summary

The court dismissed an appeal from the denial of a motion under Missouri Rule 27.26 to vacate a sentence for robbery and murder. It held that the notice of appeal was filed after the applicable deadline, depriving the court of jurisdiction, and noted that no special order permitting a late appeal had been obtained.

Holdings

1. A Rule 27.26 motion is an independent civil action governed, so far as applicable, by the Rules of Civil Procedure; an order overruling the motion is a final judgment for purposes of appeal, becomes final thirty days after entry, and triggers the ten-day period for filing a notice of appeal.
2. The failure to file a timely notice of appeal from a final judgment or order in a Rule 27.26 proceeding deprives the Missouri Court of Appeals of jurisdiction, requiring dismissal of the appeal.

Questions Presented

1. Whether the court had jurisdiction to entertain an appeal from the denial of a Rule 27.26 motion when the notice of appeal was filed more than ten days after the judgment became final.
2. Whether the absence of a timely notice of appeal required dismissal of the appeal.

Disposition

dismissed