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561 S.W.2d 446

State v. Lance

Missouri Court of Appeals

Decided January 19, 1978

Missouri Court of Appeals · decided 1978-01-19

Cited by 3 later decisions — most recently January 2011

3 state decisions

Key passage — most relied on by later courts

“Whenever a judgment upon a conviction shall be rendered in any court, the clerk of such court shall enter such judgment fully on the minutes, stating briefly the offense for which such conviction shall have been had, and the court shall inspect such entries and conform them to the facts; but the omission of this duty, either by the clerk or judge, shall in nowise affect or impair the validity of the judgment.”

quoted by 1 later decision, including Bowers v. State

Relies on State v. Wilke · State v. Shipman · State v. Lance

Good law ✅— No negative treatment on recordhow we know

Decided 1978-01-19

View the full empirical analysis of this case →

BILLINGS, Chief Judge.

¶1A Stoddard County jury convicted defendant of first degree robbery and fixed his punishment at 25 years imprisonment. Defendant’s motion for new trial was overruled and the court granted allocution, rendered judgment and pronounced sentence.

¶2The transcript filed herein shows that in entering judgment the clerk omitted the offense for which defendant was convicted. Rule 27.11, V.A.M.R., requires the judgment entered to state “briefly the offense for which such conviction shall have been had . . . .” See: State v. Lance, 561 S.W.2d 445 (Mo.App.1978); State v. Wilke, 560 S.W.2d 601 (Mo.App.1978); State v. Shipman, 560 S.W.2d 603 (Mo.App.1978).

¶3Defendant’s appeal is ordered held in abeyance and the cause is remanded to the trial court for entry of judgment as required by Rule 27.11. Upon receipt of a supplemental transcript containing the proper judgment, the appeal will be re-submitted. State v. Wilke, supra.

¶4It is so ordered.

¶5Remanded with directions.

All concur.
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