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STATE v. BURNS

No. WD 56020.

998 S.W.2d 848 (1999)

STATE of Missouri, Appellant, v. Dennis M. BURNS, Respondent.

Missouri Court of Appeals, Western District.

August 24, 1999.

Attorney(s) appearing for the Case

Hershel D. Shepherd, Asst. Pros. Atty., St. Joseph, for appellant.

Thomas Jefferson Stephens, IV, Maryville, for respondent.

Before BRECKENRIDGE, C.J., P.J., ULRICH, J. and EDWIN H. SMITH, J.

ULRICH, Judge.

The State of Missouri appeals the trial court's dismissal of a felony complaint charging Dennis Burns with delivery of a controlled substance, section 195.211, RSMo 1994. Mr. Burns contends that this court is without jurisdiction over this appeal because the trial court's dismissal of the case was not a final judgment or an interlocutory order that may be appealed and because the appeal was not timely filed. The appeal is dismissed.

The respondent...

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