Where a defendant challenged the judgment overruling his motion for post-conviction relief, the trial court failed to comply with the mandate of the court in the direct appeal from his judgment of conviction, so there was no final judgment in the underlying criminal case, and the motion for post-conviction relief was thus premature.
Lemasters v. State (MLW No. 74982/Case No. SC97878 – 8 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur) Appealed from circuit court, Newton County, Perigo, J. (Tyler P. Coyle, Columbia, for Lemasters) (Garrick Aplin, Jefferson City, for the state).