State v. Landy Kash

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED JANUARY SESSION, 1998 February 23, 1998

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9705-CR-00179 ) Appellee, ) ) SMITH COUNTY V. ) ) ) HON. J.O. BOND, JUDGE LANDY G. KASH, ) ) Appe llant. ) (DUI TH IRD OF FENS E)

FOR THE APPELLANT: FOR THE APPELLEE:

JACKY O. BELLAR JOHN KNOX WALKUP BELLAR & BELLAR Attorney General & Reporter 212 M ain Stree t P.O. Box 332 CLINT ON J. M ORG AN Carthage, TN 37030 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243

TOM P. THO MPS ON, JR . District Attorn ey Ge neral

H. DOUGLAS HALL Assistant District Attorney General 111 C herry Stre et Lebanon, TN 37087-3609

OPINION FILED ________________________

APPEAL DISMISSED

THOMAS T. WOODALL, JUDGE OPINION After being convicted of DUI, third offense, and driving on a revoked license

following a jury trial, the Defendant, Landy G. Kash, filed a Motion for New Trial on

December 12, 1996. There is no order in the record either granting or denying that

motion. There is a handwritten notation on the motion that it was overruled, but the

judge ’s signature does n ot appe ar in the no tation. Ho wever, for a n order to be valid,

it must b e in writing a nd it mus t be enter ed in the c ourt’s m inutes. See Evans v.

Perkey, 647 S.W .2d 636 , 641 (T enn. Ap p. 1982 ); We lch v. State , 553 S.W.2d 917,

919-20 (Tenn. Crim. App. 1977). The time for appeal runs from the entry of a proper

order de nying a n ew trial. Te nn. R. A pp. P. 4(c ).

In Hutchison v. ARO Corp., 653 S.W .2d 738, 740 (Tenn. Ap p. 1983), the co urt

held that in the absence of a ruling on the motion for new trial, there has been no

final disposition in the lowe r court, and that accordingly, there is no appeal as of right

and the notice of appeal is of no effect. This Court’s appellate jurisdiction is limited

to review of th e final judg ments of trial courts, and therefore, we ca nnot e ntertain this

appeal as we are without jurisdiction to do so. Tenn. Code Ann. § 16-5-108(a). The

appeal is therefore dismissed.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ DAVID H. WELLES , Judge

___________________________________ JERRY L. SMITH, Judge

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