Franklin v. State
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 |
|
Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court