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Keeny v. State

Missouri Court of Appeals, Springfield District, En Banc
Dec 26, 1978
575 S.W.2d 850 (Mo. Ct. App. 1978)

Summary

abating appeal from order denying withdrawal of guilty plea but not abating conviction

Summary of this case from State v. Dalman

Opinion

Nos. 10941, 10946 and 10361.

December 26, 1978.

APPEAL FROM THE CIRCUIT COURT, WEBSTER COUNTY, CHARLES V. BARKER, J., AND THE CIRCUIT COURT, OREGON COUNTY, WINSTON V. BUFORD, J.

Nicholas R. Fiorella, Springfield, for movant-appellant in No. 10941.

Richard T. Martin, Gainesville, for movant-appellant in No. 10946.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent in Nos. 10941, 10946.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent in No. 10361.

Don M. Henry, West Plains, for appellant in No. 10361.


No. 10941

Defendant Robert Gene Keeny was convicted of first degree robbery in Bates County in 1966 and sentenced under the Second Offender Act [§ 556.280, RSMo 1969] to 25 years imprisonment. The judgment was affirmed by our Supreme Court in 431 S.W.2d 95 (Mo. 1968). Three prior felony convictions formed the basis for the prosecution of defendant as a second offender.

In 1976 defendant filed this proceeding for Writ of Error Coram Nobis in the Circuit Court of Webster County. He contended that the guilty plea which he entered to a felony charge in that court in 1964 was constitutionally infirm, and that the conviction resulting therefrom should not have been used in his prosecution as a second offender. The trial court denied relief and defendant appealed.

No. 10946

By a proceeding brought in the Circuit Court of Oregon County in 1977, defendant sought to invalidate a 1956 Oregon County grand larceny conviction which had followed his guilty plea. The 1956 felony conviction was one of the three used to trigger his prosecution as a second offender in the 1966 robbery trial. Defendant's application was denied and he appealed.

No. 10361

Defendant was convicted of second degree murder in the Circuit Court of Oregon County in 1975 and appealed. This court adopted an opinion affirming that conviction and denied defendant's motion for a rehearing. While defendant's motion to transfer was pending before our Supreme Court, defendant died, and his motion to transfer was ordered stricken because of his death.

Death of Defendant

A certified copy of the certificate of death filed with this court shows defendant died of a heart attack on November 13, 1978, while he was incarcerated in the state penitentiary at Jefferson City. His death abates these appeals. State v. Macklin, 560 S.W.2d 69 (Mo.App. 1977); 21 Am.Jur.2d Criminal Law § 608 (1965); 83 A.L.R.2d 864, et seq.; Annot., Criminal Case — Death Pending Appeal (1962).

The appeals are dismissed.

All concur.


Summaries of

Keeny v. State

Missouri Court of Appeals, Springfield District, En Banc
Dec 26, 1978
575 S.W.2d 850 (Mo. Ct. App. 1978)

abating appeal from order denying withdrawal of guilty plea but not abating conviction

Summary of this case from State v. Dalman
Case details for

Keeny v. State

Case Details

Full title:ROBERT GENE KEENY, MOVANT-APPELLANT, v. STATE OF MISSOURI, RESPONDENT (TWO…

Court:Missouri Court of Appeals, Springfield District, En Banc

Date published: Dec 26, 1978

Citations

575 S.W.2d 850 (Mo. Ct. App. 1978)

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