Section 29.5 State’s Right of Appeal

• Library: Criminal Practice 2012 Supp

C. (§29.5) State’s Right of Appeal

Rule 30.02 gives the state the power to appeal an interlocutory decision by the trial court in such matters as the dismissal of an information or indictment or the quashing of an arrest warrant, suppression of evidence, or suppression of a confession. Sections 547.200.1 and 547.210, RSMo 2000. The state may also generally appeal any other type of decision except when the possible outcome of the appeal would result in double jeopardy to the defendant. State v. Burns, 994 S.W.2d 941, 942 (Mo. banc 1999); § 547.200.2; see, e.g.:

· State v. Hellems, 13 S.W.3d 302, 304 (Mo. App. E.D. 2000) (in a pretrial proceeding, jeopardy does not attach unless a question of the defendant’s guilt or innocence is involved)

· State v. Burns, 998 S.W.2d 848, 850 (Mo. App. W.D. 1999) (the state, apart from the interlocutory exceptions listed in § 547.200.1, may only appeal a final judgment, which occurs when a trial court enters an order before trial that has the effect of foreclosing any further prosecution of the defendant on the particular charge)

· State v. Smith, 988 S.W.2d 71, 75 (Mo. App. W.D. 1999) (the state may appeal from a trial court’s dismissal based on a finding that the state’s opening statement was deficient)

· State v. Morton, 971 S.W.2d 335, 339 (Mo. App. E.D. 1998) (because the defendant was never sentenced...