Court of Appeals of Missouri, Western District, Second Division
APPEAL FROM THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI. THE HONORABLE GARY M. OXENHANDLER, JUDGE.
Daniel N. McPherson, for Appellant.
Amy M. Bartholow, for Respondent.
Before Division Two: Victor C. Howard, Presiding Judge, James E. Welsh, Judge and Anthony Rex Gabbert, Judge. All concur.
VICTOR C. HOWARD, JUDGE
The State appeals the trial court's order granting Cassandra Johnston a new trial after she was found guilty by a jury of murder in the first degree, armed criminal action, and tampering in the first degree. Because the order is not appealable, the appeal is dismissed.
Cassandra Johnston was found guilty after a jury trial of murder in the first degree, section 565.020, RSMo 2000, armed criminal action, section 571.015, RSMo 2000, and tampering in the first degree, section 569.080.1, RSMo 2000. Thereafter, she filed a motion for judgment of acquittal or in the alternative for a new trial. The trial court denied the motion for judgment of acquittal and the motion for new trial on the tampering charge but granted the motion for new trial on the first-degree murder and armed criminal action counts. It found that the guilty verdict on the first-degree murder charge was against the weight of the evidence establishing good cause under Rule 29.11.
Thereafter, the trial court sentenced Johnston to seven years imprisonment for the tampering conviction, and the State filed this appeal.
In Missouri, the right to appeal is purely statutory. State v. Burns, 994 S.W.2d 941 (Mo. banc 1999); State v. Carter, 78 S.W.3d 786, 787 (Mo. App. E.D. 2002). The State's right to appeal in a criminal case is provided in section 547.200, RSMo 2000. Subsection 1 enumerates four types of interlocutory orders from which the State may appeal. § 547.200.1. Specifically, it provides:
1. An appeal may be taken by the state through the prosecuting or circuit attorney from any order or judgment the substantive effect of which results in:
(1) Quashing an arrest warrant;
(2) A determination by the court that the accused lacks the mental capacity or fitness to proceed to trial, pursuant to section 552.020;
(3) Suppressing evidence; or