Opinion
No. 2004-KA-00416-COA.
March 7, 2006. Petition for Rehearing filed March 20, 2006.
COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. ROBERT B. HELFRICH, DATE OF JUDGMENT: 10/16/2003
DISPOSITION: DISMISSED
ATTORNEY FOR APPELLANT: JONATHAN MICHAEL FARRIS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: W. DANIEL HINCHCLIFF
DISTRICT ATTORNEY: JON MARK WEATHERS
BEFORE LEE, P.J., IRVING AND ISHEE, JJ.
¶ 1. Joseph Stanley McFarland was convicted in the Circuit Court of Forrest County for armed robbery on October 16, 2003. He was sentenced to serve thirty years in the custody of the Mississippi Department of Corrections. On January 7, 2004, McFarland filed a motion for JNOV, and, in the alternative, a new trial. The circuit court never ruled on these motions. On March 2, 2004, McFarland filed a second motion for a new trial, as well as a notice of appeal.
¶ 2. This appeal is not lawfully before this court. McFarland did not file a motion for JNOV or new trial within the ten-day requirement prescribed by the Rule 10.05 of the Uniform Rules of Circuit and County Court. Moreover, McFarland's notice of appeal was not timely filed within thirty days from the court's entry of judgment, as required by Rule 4(a) of the Mississippi Rules of Appellate Procedure. Accordingly, this appeal is dismissed for lack of jurisdiction.
¶ 3. THE APPEAL FROM THE CIRCUIT COURT OF FORREST COUNTY IS DISMISSED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO FORREST COUNTY. KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES AND ROBERTS, JJ. CONCUR.