State v. Ferrell

DANIEL E. SCOTT, Chief Judge.

Donald Ferrell (Defendant) appeals from an order denying his release on probation under § 559.115. 1 We dismiss the appeal because said order is not a final, appealable judgment.

There is no right of appeal without statutory authority. State v. Williams, 871 S.W.2d 450, 452 (Mo. banc 1994). In criminal cases, § 547.070 authorizes appeals from “final” judgments; a final judgment occurs when a sentence is entered; and probation is not part of a sentence. Id. “Consequently, there is no right to appeal a trial judge’s decision to grant or deny probation.” Id. See also…