Giacona v. State

Supreme Court of Arkansas

Giacona v. State

846 S.W.2d 185, 311 Ark. 664, 1993 Ark. LEXIS 69

CourtSupreme Court of Arkansas

DecidedFebruary 1, 1993

DocketCR 92-1202

StatusPublished

Cited by4 cases

This text of 846 S.W.2d 185 (Giacona v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Giacona v. State, 846 S.W.2d 185, 311 Ark. 664, 1993 Ark. LEXIS 69 (Ark. 1993).

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Opinion

Per Curiam.

Appellant was convicted of a felony. He filed a motion for a new trial. The trial court did not rule on the motion within thirty days, and appellant did not give a notice of appeal at that time. Some months later the trial court denied the motion, and appellant gave notice of appeal within thirty days of the ruling. The court of appeals dismissed the appeal for failure to give a timely notice of appeal. Giacona v. State, 39 Ark. App. 101, 839 S.W.2d 228 (1992). Appellant has filed a petition for review in this court.

We deny the petition for review, but take this opportunity to repeat that Arkansas Rule of Appellate Procedure 4(c) applies to criminal cases. It provides that when post-trial motions are filed, the time for appeal runs from the entry of the order granting or denying the motion, provided “that if the trial court neither grants nor denies the motion within thirty (30) days of its filing, the motion will be deemed denied as of the 30th day." (Emphasis added.)

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Per Curiam.

Appellant was convicted of a felony. He filed a motion for a new trial. The trial court did not rule on the motion within thirty days, and appellant did not give a notice of appeal at that time. Some months later the trial court denied the motion, and appellant gave notice of appeal within thirty days of the ruling. The court of appeals dismissed the appeal for failure to give a timely notice of appeal. Giacona v. State, 39 Ark. App. 101, 839 S.W.2d 228 (1992). Appellant has filed a petition for review in this court.

We deny the petition for review, but take this opportunity to repeat that Arkansas Rule of Appellate Procedure 4(c) applies to criminal cases. It provides that when post-trial motions are filed, the time for appeal runs from the entry of the order granting or denying the motion, provided “that if the trial court neither grants nor denies the motion within thirty (30) days of its filing, the motion will be deemed denied as of the 30th day." (Emphasis added.)

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Bluebook (online)

846 S.W.2d 185, 311 Ark. 664, 1993 Ark. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giacona-v-state-ark-1993.

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