Yearby v. State, 6 Div. 469
| Decision Date | 24 April 1984 |
| Docket Number | 6 Div. 469 |
| Citation | 451 So.2d 425 |
| Parties | Alonzo YEARBY, alias Alonzo Eugene Sutton v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Charles A. Graddick, Atty. Gen., for appellee.
Alonzo Yearby, the appellant, was indicted and convicted for child abuse. Sentence was nine years' imprisonment. This appeal is dismissed because there was no timely notice of appeal.
The judgment entry was January 28, 1984. A "motion to reduce sentence" was filed February 9th and denied February 24th. Notice of appeal was given March 15th--forty-seven days after the judgment entry.
The notice of appeal must be filed "within 42 days (6 weeks) after pronouncement of the sentence." A.R.A.P. 4(b)(1). Here, the notice was filed five days late.
"If a motion in arrest of judgment, motion for new trial, or motion for judgment of acquittal has been filed within 30 days from pronouncement of the sentence, an appeal may be taken within 42 days (six weeks) after the denial or overruling of the motion." A.R.A.P. 4(b)(1). A "motion to reduce sentence" is not a "motion in arrest of judgment, motion for new trial, or motion for judgment of acquittal" and does not expand the time limit for filing a notice of appeal.
This appeal is dismissed on authority of A.R.A.P. 2(a)(1) which provides: "An appeal shall be dismissed if the notice of appeal was not timely filed to invoke the jurisdiction of the appellate court."
APPEAL DISMISSED.
All Judges concur.
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Hyde v. State
...; State v. Reiner, 530 So.2d 903 (Ala.Crim.App.1988) ; State v. Fain, 484 So.2d 558 (Ala.Crim.App.1986) ; and Yearby v. State, 451 So.2d 425 (Ala.Crim.App.1984)."Allen v. State, 883 So.2d 737, 738–39 (Ala.Crim.App.2003). One basis for holding that a probation request does not toll the time ......
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Allen v. State
...State v. Reiner, 530 So.2d 903 (Ala.Crim.App.1988); State v. Fain, 484 So.2d 558 (Ala.Crim.App.1986); and Yearby v. State, 451 So.2d 425 (Ala.Crim.App.1984). Allen also asserts that her attorney and the trial court operated in good faith under the assumption that the appeal was timely filed......
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Martinez v. State
...fall within that category of motions that tolls the time for appeal under the Alabama Rules of Appellate Procedure. See Yearby v. State, 451 So.2d 425 (Ala.Crim.App.1984)." Conley v. State, 545 So.2d 246, 247 (Ala.Cr.App.1989). Cf. Turner v. State, 365 So.2d 335 (Ala.Cr.App.), cert. denied,......
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State v. Reiner, 6 Div. 172
...("A request for probation following sentencing does not extend the time for appeal from a judgment of conviction"); Yearby v. State, 451 So.2d 425, 426 (Ala.Cr.App.1984) ("A 'motion to reduce sentence' is not a 'motion in arrest of judgment, motion for new trial, or motion for judgment of a......