State ex rel. Zahnd v. Honorable James W. Van Amburg

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The Supreme Court granted writs of prohibition directing the circuit court to vacate its orders sustaining Mo. Sup. Ct. R. 29.12(b) motions and amending the stealing convictions and sentences of Jesse Nelson and Jack Walker II, holding that the circuit court lacked jurisdiction to adjudicate the Rule 29.12(b) motions and amend the judgments.Nelson and Walker pleaded guilty to the class C felony of stealing property worth $500 or more. Both defendants were placed on probation. The Supreme Court subsequently held that the offense of stealing could not be enhanced to a felony pursuant to Mo. Rev. Stat. 570.030.3(1). Thereafter, Nelson and Walker filed motions pursuant to Rule 29.12(b) seeking to amend their convictions and sentences to reflect that stealing property worth $500 or more was a class A misdemeanor. The circuit court sustained the motions and amended the judgments in both cases. The prosecuting attorney sought writs of prohibition directing the circuit court to vacate its orders. The Supreme Court granted the requested relief, holding that the plaint language of Rule 29.12(b) does not provide for an independent post-sentence procedure, and therefore, the circuit court’s action taken after imposing the sentences was a nullity and void. View "State ex rel. Zahnd v. Honorable James W. Van Amburg" on Justia Law