STATE OF MISSOURI, )

) Appellant, ) ) vs. ) No. SD33055 ) Filed: September 23, 2014 WARREN LOVE, ) ) Respondent, )

APPEAL FROM THE CIRCUIT COURT OF ST. CLAIR COUNTY

Honorable Garrett R. Crouch, II, Special Judge

APPEAL DISMISSED On August 19, 2012, Warren Love (“Love”) was issue d a uniform citation charging him with the class B misdemeanor of animal neglect in v iolation of section 578.009. 1 The state of Missouri (“State”) later filed an amended informati on charging Love with the class A

misdemeanor of animal abuse in violation of section 578.012, RSMo Cum.Supp. 2013. Love did not object to the amended information and went to t rial on October 24, 2013. Love was found guilty by the trial court. Love then filed a timel y “Motion to Set Aside Judgment or for New

1 All statutory references are to RSMo 2000, unless otherwise indicated.Trial.” On November 18, 2013, the trial court set aside its finding of guilty and this appeal by

the State followed. Because there is no final judg ment, we dismiss the appeal. “The State may appeal in a criminal case when the right to appeal is expressly conferred by statute and after rendition of a final judgment. ” 2 State v. Horn , 384 S.W.3d 338, 340 (Mo.App. E.D. 2012). Generally, a final judgment d isposes of all issues in a case, leaving nothing for future determination. State v. Burns , 994 S.W.2d 941, 942 (Mo. banc 1999). Here, the trial court merely set aside the guilty verdict following argument by both sides. After doing so, the trial judge inquired of the attorneys as to how to proceed with the case. After some discussion, with no resolution, the trial judge lef t the case open for 60 days to allow the State to

file a motion to reconsider and for Love to file a reply. After the filings were completed, the trial court took no further action presumably because the State filed its notice of appeal in the interim. Because the underlying criminal case is still pend ing, this Court issued a show cause order to the State requesting suggestions as to why the appeal should not be dismissed due to lack of a final judgment. In response, the State c ontends the trial court found “that the information is insufficient,” and thus the right of appeal exists pursuant to section 547.210. However, the trial court never made such a finding. First, Love never alleged in his post-trial motion s that the amended information was

insufficient. 3 Second, the trial judge set aside the guilty verdi ct because he found the evidence was insufficient. The trial judge found the State prov ed Love knowingly failed to provide adequate control of his animals, but failed to prove substan tial harm to the animals. Finally, even if Love

2 Section 547.200.1 allows certain interlocutory app eals by the State not requiring a final judgment, b ut none of those are present here.

3 Love alleged that section 578.012 was repealed and, therefore, he could not be convicted of that crime. The trial court dismissed that argument by correctly noting t hat the statute was not repealed, but amended.had adequately raised an allegation that the inform ation was insufficient because it charged a

different offense, the trial court would have been obliged to deny any relief because Love waived his right to object on that basis by proceeding to trial without objection. 4 See State v. Simpson , 846 S.W.2d 724, 727-728 (Mo. banc 1993). Because the trial court failed to enter a judgment of acquittal, failed to convict and sentence on a lesser-included offense, or failed to finalize the case in any other legally permissible way, we find that there is no final jud gment to support the appeal. Consequently, the appeal must be, and is hereby, dismissed.

WILLIAM W. FRANCIS, JR., C.J./P.J. – OPINION AUTHOR JEFFREY W. BATES, J. – Concurs DANIEL E. SCOTT, J. – Concurs

4 At the hearing on the motion to set aside and for new trial, Love attempted to make this argument eve n though it was not contained in his post-trial motions, but th e trial court never ruled upon that alleged error.