State v. Fernow

Introduction

The State of Missouri (the State) appeals from the trial court’s judgment granting Dustin S. Fernow’s (Respondent) Motion to Dismiss For Failure to Charge an Offense, thereby dismissing the Information charging Respondent with the Class D felony of escape from custody in violation of Section 575.200. 1 We affirm.

Factual and Procedural Background

On June 4, 2007, Respondent pled guilty to second-degree burglary and was placed on probation. On February 4, 2008, Respondent admitted to violating the terms of his probation, which was thereafter revoked. The trial court sentenced…