State of Missouri v. Daniel A. Rose
Missouri Court of Appeals
1Opinion of the CourtCynthia L. Martin, Judge
The State appeals from the trial court’s order entered in response to a motion to dismiss filed by Daniel Rose (“Rose”). Rose’s motion to dismiss asserted that prosecution of both counts set -forth in an indictment would constitute double jeopardy, and asked the trial- court to dismiss either of the two counts. Because the trial court’s order did not dismiss either of the two counts in the indictment, the State has no statutory right to appeal the trial court’s order. The appeal is dismissed.
Factual and Procedural Background
On February 20, 2015, a grand jury returned a two-count indictment…
2Cases cited8 opinions
- State v. BurnsSupreme Court of Missouri · 1999
- State v. SteinMissouri Court of Appeals · 1994
- State v. WrightMissouri Court of Appeals · 2014
- State ex rel. Dally v. EllistonSupreme Court of Missouri · 1991
- State v. CarterMissouri Court of Appeals · 2002
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3Cited by2 opinions
- State v. HaynesMissouri Court of Appeals · 2018
- State v. ConawayMissouri Court of Appeals · 2018