STATE v. SPARLIN

No. 58042.

800 S.W.2d 161 (1990)

STATE of Missouri, Plaintiff-Appellant, v. Glen P. SPARLIN, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

December 11, 1990.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for plaintiff-appellant.

John C. Weller, St. Louis, Michael J. Gorla, Clayton, for defendant-respondent.


KAROHL, Judge.

State attempts to appeal from the trial court's refusal to accept the state's verbal order to nolle prosequi the charge of driving while intoxicated, § 577.010 RSMo 1986, after defendant filed a memorandum entering a plea of guilty. The court accepted the plea. Defendant filed a motion to dismiss the appeal alleging the state cannot appeal a judgment for defendant in a criminal case except in limited circumstances not applicable to this appeal...

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