Section 27.9 Judgment Ripe for Appeal

• Library: Criminal Practice 2012 Supp

C. (§27.9) Judgment Ripe for Appeal

In order for a criminal defendant to appeal a conviction and sentence, the judgment must be final or “ripe” for appeal. In a criminal proceeding, this means that the defendant has been granted allocution, if applicable, and has been formally sentenced by the court. Rule 29.07(c) states that the conviction judgment “shall set forth the plea, the verdict or findings, and the adjudication and sentence.” It is not enough that, following a guilty verdict by a jury, the jury assesses a punishment. This is only an advisory verdict for the court, and the court must still pronounce formal judgment and sentencing of the defendant after allowing the required time for a motion for a new trial to be filed as described in §27.6 above. Section 546.590, RSMo 2000, provides for the clerk of the sentencing court to...