STATE v. SMITH

No. ED 88620.

204 S.W.3d 697 (2006)

STATE of Missouri, Plaintiff/Respondent, v. Otis Lee SMITH, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

October 31, 2006.


Attorney(s) appearing for the Case

Otis Lee Smith, Jefferson City, MO, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, for respondent.


BOOKER T. SHAW, Chief Judge.

Otis Smith (Defendant) appeals from an order denying his motion for a hearing de novo for the presiding judge en banc to adjudicate the sufficiency of the indictment and a due process violation. Because such an order is not a final, appealable judgment, the appeal is dismissed.

Defendant pleaded guilty and was sentenced for two counts of capital murder on August 12, 1983. Some twenty-three years later, on March 16, 2006, Defendant...

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