STATE v. SANTONELLI

No. 41035.

600 S.W.2d 205 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Tony L. SANTONELLI, a/k/a Harry Hoigard, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Application to Transfer Denied September 9, 1980.


Attorney(s) appearing for the Case

Timothy W. Kelly, Chubb & Hayes, Ferguson, for defendant-appellant.

John Ashcroft, Atty. Gen, Paul Robert Otto, Asst. Atty. Gen, Jefferson City, Courtney Goodman, Jr., Pros. Atty, Clayton, for plaintiff-respondent.


DOWD, Presiding Judge.

Defendant appeals from a conviction of second degree burglary. Upon appeal, he argues the trial court erred in denying his oral motion to dismiss the case for failure to prosecute and in failing to hold an evidentiary hearing upon the motion. Defendant contends the trial court's actions are erroneous because the State had filed a detainer in another state in which defendant was incarcerated but failed...

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