Franklin v. State


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Docket Number: 2001-KA-01841-COA

Court of Appeals: Opinion Link
Opinion Date: 08-19-2003
Opinion Author: Southwick, P.J.
Holding: Dismissed

Additional Case Information: Topic: Burglary - Notice of appeal - M.R.A.P. 4(e)
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-13-2000
Appealed from: Humphreys County Circuit Court
Judge: Jannie M. Lewis
Disposition: BURGLARY OF A COMMERCIAL BUILDING - HABITUAL OFFENDER - SENTENCED TO 7 YEARS IN CUSTODY OF MDOC
District Attorney: James H. Powell, III
Case Number: 5328

  Party Name: Attorney Name:  
Appellant: Jerry T. Franklin




W. S. STUCKEY



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Burglary - Notice of appeal - M.R.A.P. 4(e)

Summary of the Facts: Jerry Franklin was convicted of burglary of a commercial building and was sentenced to seven years. He appeals.

Summary of Opinion Analysis: M.R.A.P. 4(e) requires a party to file a notice of appeal within thirty days of the date post-trial motions are denied or the date of imposition of sentence, whichever occurs later. Franklin's post-trial motions were denied and sentence imposed on April 6, 2000. Under the rule, Franklin had until May 6, 2000, to file his notice of appeal. Although Franklin maintains he filed notice of appeal on April 10, 2000, the record contains no notice. In addition, Franklin did not seek an extension for good cause although he was notified of the deficiency, nor did he seek to reopen the time for appeal within 180 days. Therefore, his appeal is dismissed as untimely.


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