State v. Sparlin

KAROHL, Judge.

State attempts to appeal from the trial court’s refusal to accept the state’s verbal order to nolle prosequi the charge of driving while intoxicated, § 577.010 RSMo 1986, after defendant filed a memorandum entering a plea of guilty. The court accepted the plea. Defendant filed a motion to dismiss the appeal alleging the state cannot appeal a judgment for defendant in a criminal case except in limited circumstances not applicable to this appeal. We agree.

The parties appeared before the Circuit Court of Franklin County to argue a motion to quash a subpoena. At this time defendant…