STATE EX REL. SCROGGINS v. KELLOGG

No. WD 71763.

311 S.W.3d 293 (2010)

STATE of Missouri ex rel. Dwight K. SCROGGINS, Jr., Buchanan County Prosecuting Attorney, Relator, v. The Honorable Daniel F. KELLOGG, Judge of the Circuit Court of Buchanan County, Missouri, Division No. 4, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 27, 2010.

Application for Transfer Denied June 29, 2010.


Attorney(s) appearing for the Case

Ronald R. Holliday, Chief Assistant Prosecuting Attorney, St. Joseph, MO, for Relator.

Daniel L. Radke, St. Joseph, MO, for Respondent.

Before Writ Division: MARK D. PFEIFFER, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.


MARK D. PFEIFFER, Presiding Judge.

The State of Missouri (the State) seeks a writ of mandamus ordering the Circuit Court of Buchanan County (the trial court) to vacate its amended judgment of July 1, 2009, in which it granted Jeffrey Cornelius's (Cornelius) Rule 29.051 motion and modified his two 7-year sentences to be served concurrently instead of consecutively. In its writ, the State argues that the trial court lacked authority to do...

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