## In the



# Missouri Court of Appeals Western District

STATE OF MISSOURI ,

Respondent ,

v.
STEVEN WAYNE COOPER ,

Appellant

.            WD 82674
O PINION FILED : MARCH 3, 2020

Appeal from the Circuit Court of Jackson County, Missouri

The Honorable Kevin D. Harrell , Judge

Before Division One : Thomas N. Chapman, Presiding Judge, Mark D. Pfeiffer, Judge, Anthony Rex Gabbert, Judge

Steven Wayne Cooper appeals from a judgment denying his “ First Amended Motion to
Dismiss Charges as Unconstitutional and Summary Judgment on the Pleadings. ” He raises two
points on appeal which w e dismiss

. Cooper was charged by way of felony Information with one count of the class D felony of
failure to register as a sex offender in violation of Section 589.400 and Section 589.425 , for
allegedly failing to register after having been found guilty of the class B felony of sexual abuse in
the first degree pr ior to March 8, 2013. On October 1, 2018, Cooper filed a “ First Amended Motion
to Dismiss Charges as Unconstitutional and Summary Judgment on the Pleadings. ” On December2

13, 2018, the court entered Judgment denying Cooper ’ s motion and Cooper appeals

. Th e charges
against Cooper remain pending before the Jackson County Circuit Court with a jury trial scheduled
for April 6, 2020.

“ An appeal in criminal cases arises only where there is a ‘ final judgment. ’” Wade v. State
, 386 S.W.3d 201, 202 (Mo. App. 201 2) ; See Section 547.070, RSMo 2016 and Rule 30.01

. 1 “ In a

criminal case a ‘ final judgment ’ occurs [] when a sentence is entered. ” Wade , 386 S.W.3d at 202.

“ Additionally in a criminal case, a judgment is final when the trial court enters an order of dismissal
or discharge of the defendant prior to trial which has the effect of foreclosing any furth er prosecution of the defendant on a particular charge [.]” State v. Burns , 994 S.W.2d 941, 942 (Mo.
banc 1999). Here, Cooper w as allowed to withdraw a gu ilty plea to the charges and his case remains pending in the circuit court. There is no judgment and sentence from which Cooper may
appeal. Rather, Cooper seeks an improper interlocutory appeal of the denial of his motion to

dismiss. State v. Liggins , 1 33 S.W.3d 563, 564 (Mo. App. 2004).
Cooper argues in his reply brief that
, because his motion to dismiss argued the
constitutionality of the State ’ s action and was also titled “ su mmary judgment on the pleadings ” it

is appealable

. We disagree. The c ase cited by Cooper
, State v. Wade , 421 S.W.3d 429 (Mo. banc
2013), is inapposite as it involved the grant of Defendant Peterson and Defendant Carey ’ s motion s

to dismiss criminal charges on constitutionality grounds and was, therefore, final and appealable
by the State because it foreclosed further prosecution by the State

. (Defendant Wade ’ s motion to
dismiss criminal charges was denied and his case proceeded to final judgment and sentencing.) Id.

at 431. Further, although a summary judgment motion is civil in nature and not c riminal, even if

1 All rule references are to the Missouri Court Rules (2019) unless otherwise noted.3

Cooper ’ s motion had been properly before the court as a motion for summary judgment , den ial of

that motion would also be unreviewable

. (“ Generally, a trial court ’ s denial of either a motion to

dismiss or a motion for summary judgment is not a final j udgment and is not reviewable. ” Matter
of Care and T

reatment of Lester Bradley v. State , 554 S.W.3d 440, 450 n.5 (Mo. App. 2018)
(internal quotation marks and citations omitted) ; “ The denial of a motion for summary jud gment
is not subject to appellate review, even when an appeal is taken from a final judgment[.] ” Gamble
v. Browning , 277 S.W.3d 723, 729

- 730 (Mo. App. 2008) (internal quotation marks and citations

omitted ) )

.
We dismiss this appeal for lack of a final jud gment

.

Anthony Rex Gabbert, Judge

All concur.