Section 29.7 Time for Filing Notice

• Library: Criminal Practice 2012 Supp

A. (§29.7) Time for Filing Notice

Under Rule 30.01(d), the notice of appeal in a criminal case must be filed within ten days after the judgment or order appealed from becomes final. In a criminal case the sentence is a final judgment. See:

· State v. Nelson, 9 S.W.3d 687, 688 (Mo. App. E.D. 1999) (the ten-day period for filing a notice of appeal begins to run at the time of imposition of a suspended execution of sentence and not after the defendant’s probation has been revoked and the defendant has been incarcerated)

· State v. Casebolt, 994 S.W.2d 114, 118 (Mo. App. S.D. 1999) (a new trial order after the guilty verdict became “final” upon entry, thus requiring the state to file the notice of appeal within ten days)

· State v. Bain, 982 S.W.2d 706, 707 (Mo. App. E.D. 1998)
(a judgment becomes final in a criminal case when the sentence is entered)

The notice of appeal must be accompanied by the filing fee because there can be no valid filing of such notice until the fee has been either paid or waived. State v. Mitchell, 128 S.W.3d 518, 519 (Mo. App. W.D. 2003). An indigent defendant may obtain leave of court to waive the filing fee. Rule 30.01(d).

When co-defendants have been jointly tried, they may also join in one appeal, or they may file separately. Rule 30.01(b). If a defendant has...