STATE EX REL. WAGNER v. RUDDY

No. 60949.

582 S.W.2d 692 (1979)

STATE ex rel. Melvin WAGNER, Relator, v. Honorable James RUDDY, Judge of the Circuit Court of the County of St. Louis, State of Missouri, Division 14, Respondent.

Supreme Court of Missouri, en banc.

June 27, 1979.


Attorney(s) appearing for the Case

Roy A. Walther, III, Crouppen, Walther, Zwibelman, & Walsh, P. C., St. Louis, for relator.

Mark S. Levitt, Asst. Pros. Atty., Clayton, for respondent.


WELLIVER, Judge.

Relator Wagner seeks to prohibit respondent trial court from vacating judgment and sentence entered March 13, 1978, for the purpose of resentencing the relator. The sole issue is whether the trial court in a criminal prosecution retains general jurisdiction to reopen or modify its judgment after judgment and sentence is entered. Because we find that such modification and resentencing would exceed the limits of respondent's jurisdiction, our provisional...

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