Shoate v. State

Harvey Shoate, Jr., appeals, following an evidentiary hearing, from the grant of his Rule 24.0351 motion for post-conviction relief. Though Shoate’s sentences were vacated and the motion court awarded him a new sentencing hearing, Shoate argues that one of the motion court’s findings was clearly erroneous and that the relief awarded was too broad. Because the right to appeal is limited to parties that are aggrieved by a lower court’s judgment and Shoate is not aggrieved, we dismiss this appeal.

Background

Shoate was charged, as a persistent felony offender, with one count of first-degree…