State of Missouri v. Dexter L. McKinnies , 479 S.W.3d 738 ( 2016 )

3511 the filliesnurt Matt at gppeats
(Eastern Eistrirt
DIVISION THREE
STATE OF MISSOURI, ) No. ED103147
)
Respondent, ) Appeal from the Circuit Court
) of St. Louis County, Missouri
vs. ) 2107R—00019B-01
) ,
DEXTER L. MCKINNIES, ) Honorable David Lee Vincent
)
Appellant. ) Filed: January 12, 2016
OPINION
Dexter McKinnies’ appeal seeks to re—open this Court’s dismissal of his prior
appeal in this case, a dismissal which became final in 2014. Because we lack
jurisdiction, this appeal is dismissed.
Background
In June 2006, McKinnies, then sixteen years old, was charged in juvenile court
with two counts of assault in the first degree and two counts of armed criminal action
arising out of a shooting on Duke Drive in St. Louis County on June 14, 2006. On July
20, 2006, the juvenile court dismissed those charges, and relinquished its jurisdiction
over McKinnies to allow him to be prosecuted as an adult under the general criminal laws
of this state.
In February 2007, McKinnies was charged as an adult with two counts of stealing
a motor vehicle and two counts of robbery in the first degree arising out of incidents that
occurred in St. Louis County between August 10, 2006 and August 13, 2006. McKinnies
pleaded guilty and the court entered judgment sentencing McKinnies to fifteen years in
prison. The sentence was ordered to run concurrently with all of McKinnies’ then current
Missouri Department of Corrections sentences, which included sentences of eighteen
years and fifteen years on two separate cases. McKinnies did not directly appeal the
judgment in this case.
On April 29, 2014, McKinnies filed a motion to set aside the judgment as void.
On May 12, 2014, the circuit court denied that motion, and on May 19, 2014, McKinnies
filed his notice of appeal to this Court. On July 30, 2014, this Court dismissed the appeal
due to McKinnies’ failure to comply with Eastern District Rule 300 and prior orders of
this Court. This Court’s mandate dismissing the appeal was issued on August 22, 2014.
On August 29, 2014, McKinnies filed a motion in this Court seeking to reinstate his
appeal. That motion was denied on September 4, 2014.
On August 7, 2014, in the midst of McKinnies’ filings relating to his first notice
of appeal, McKinnies filed a second notice of appeal, this time to the Missouri Supreme
Court, seeking review of this Court’s July 30, 2014, order dismissing his first appeal. On
July 1, 2015, the Missouri Supreme Court issued its order transferring this matter here.
Discussion
It is an appellate court’s duty to examine the record and determine its jurisdiction.
Briley v. Thompson, 285 S.W.2d 27, 29 (Mo.App. 1955). The fact that the Supreme
Court has transferred the case to this Court does not foreclose further review of this
Court’s jurisdiction. Id.
Once an appellate court dismisses an appeal and issues its mandate to the trial
' court, it loses jurisdiction over the case. Stare ex rel. Merl/fullz'n v. Safz, 759 S.W.2d 839,
840 (Mobanc 1988); State v. Thorirpson, 659 S.W.2d 766, 768 (Mobanc 1983).
A party whose case has been dismissed by the court of appeals may seek relief
from that dismissal by requesting rehearing in the court of appeals or transfer to the
Supreme Court. See Rules 84.17; 83.02; 83.04; 30.27; 30.26. McKinnies’ failure to seek
rehearing in this Court or transfer to the Supreme Court rendered the dismissal final and
precludes any further appellate review of his underlying convictions because this Court
no longer has jurisdiction.
Conclusion
We find McKinnies’ second notice of appeal to be nothing more than an attempt
to resurrect an appeal that has been dismissed and closed. This Court has no jurisdiction
to reopen this appeal and therefore must dismiss McKinnies’ second appeal for lack of
jurisdiction.
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James RILWde, dtfd‘ge\\ \k
Robert M. Clayton III, PJ. and
Lawrence E. Mooney, J., concur