Ventura Donnell Moore, Sr. v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-KA-00095-COA
VENTURA DONNELL MOORE, SR.
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
5/12/2003
HON. ROBERT B. HELFRICH
FORREST COUNTY CIRCUIT COURT
JONATHAN MICHAEL FARRIS
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
JON MARK WEATHERS
CRIMINAL - FELONY
CONVICTED OF SIMPLE ROBBERY AND
SENTENCED AS AN HABITUAL OFFENDER
TO 15 YEARS IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS.
APPEAL DISMISSED: 10/25/2005
BEFORE KING, C.J., IRVING AND BARNES, JJ.
KING, C.J., FOR THE COURT:
¶1.
On May 8, 2003, Ventura Donnell Moore, Sr. was convicted of simple robbery in the Circuit
Court of Forrest County. Moore was sentenced as an habitual offender to serve a term of fifteen years in
the custody of the Mississippi Department of Corrections without the possibility of parole. The trial court
entered its judgment on May 12, 2003. On November 12, 2003, Moore filed a Motion for Judgment
Notwithstanding the Verdict, or in the Alternative, a New Trial. Although the record does not contain a
ruling on Moore’s untimely motion, Moore seeks to appeal the denial of the motion. Finding Moore’s
appeal to be time-barred, we dismiss the appeal.
ANALYSIS
¶2.
Rule 4(a) of the Mississippi Rules of Appellate Procedure states that a notice of appeal must
be filed with the clerk of the trial court within thirty days after the entry of judgment. If a defendant timely
files certain post-trial motions, including motions for judgment of acquittal notwithstanding the verdict of the
jury or motions for a new trial, the time for appeal runs from the date of the entry of the order denying the
motion. M.R.A.P. 4(e). Rule 4(e) of the Mississippi Rules of Appellate Procedure only tolls the time for
filing a notice of appeal if a motion is timely filed. Moore filed his Motion for Judgment Notwithstanding
the Verdict, or in the Alternative, a New Trial six months after the entry of judgment. Rule 10.05 of the
Uniform Rules of Circuit and County Court Practice states that a motion for a new trial must be made within
ten days of the entry of judgment. Moore’s appeal is clearly time-barred. We must, therefore, dismiss the
appeal for lack of jurisdiction.
¶3.
THE APPEAL OF THE JUDGMENT OF THE FORREST COUNTY CIRCUIT COURT
IS HEREBY DISMISSED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO FORREST
COUNTY.
BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS, BARNES AND
ISHEE, JJ., CONCUR.
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