Jefferson v. CommonwealthAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals dismissing as untimely Defendant's appeal of his convictions, holding that Defendant's immediate appeal was untimely.
Defendant was convicted of abduction and assault and battery of a family member. Because the original sentencing order contained a scrivener's error the court entered an amended order adding handwritten notations on the first and last pages. Defendant appealed. The court of appeals dismissed the appeal as untimely, noting that the original order was the final appealable order and that the amended order was entered to correct a scrivener's error. Defendant appealed, arguing that the court of appeals erred in holding that the amended order was not the final order for purposes of noting his appeal. The Supreme Court affirmed, holding that the original order, and not the amended order, was the final appealable order in this case and that, therefore, Defendant's appeal was untimely.