State v. Kearns

Defendant has appealed his conviction of the crime of felony stealing, § 570.030, RSMo 1978. For reasons hereinafter set forth, we sustain the state’s motion to dismiss the appeal.

Defendant’s case was tried to a jury in April of 1981, at the conclusion of which a verdict of guilty was returned. Hearing on a defense motion for new trial was rescheduled three times, with the motion then being denied on July 27, 1981. Defendant was present. At a later date, a persistent offender hearing was held with defendant present. Defendant apparently remained at liberty on a conditional release covered by…