State v. Rivers

PAUL M. SPINDEN, Chief Judge.

Larry Rivers conducted a discovery deposition of Lanette Macias, a witness for the state. Macias died before trial, so the state wanted to use the deposition in substitution for her testimony. The circuit court sustained Rivers’ objection to the state’s use of the deposition in its case-in-chief, and the state filed this interlocutory appeal. Because the ruling is not appeal-able, we dismiss the appeal.

Section 547.200, RSMo Supp. 1999, permits the state an interlocutory appeal from any order “the substantive effect of which results in: ... [sjuppress-ing…