Criminal Law: Direct Appeal-Supreme Court Transfer

Where a three-judge panel of the appellate court decided a case on direct appeal, rather than on a writ of mandamus filed by the state while the appeal was pending after an order from the Missouri Supreme Court re-transferring the case, the appeal is dismissed under State ex rel. Fite v. Johnson.

Appeal dismissed.

State v. Backues (MLW No. 72345/Case No. WD80438 – 2 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Platte County, Van Amburg, J. (Gregory Barnes, Jefferson City, for appellant) (Kent Gipson, Kansas City, for respondent).