State of Missouri v. Jerri Smiley

The state appeals the trial court’s decision, entered before plea or determination of Ms. Smiley’s guilt at trial, declaring the three-year mandatory minimum incarceration requirement in section 571.015, RSMo 2000, unconstitutional as applied to all juvenile offenders. The state has no right to appeal this interlocutory decision under section 547.200.1, RSMo 2000, nor does the trial court’s decision constitute a final judgment from' which the state is entitled to appeal under section 547.200.2. Accordingly, the appeal is dismissed.

Background

In June 2013, Ms. Smiley, then 16 years old, was…