State v. Landy Kash

• Court: Court of Criminal Appeals of Tennessee
• Decided: February 23, 1998
• Docket: 01C01-9705-CR-00179
• Status: Published

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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