McIntosh v. State

TOM Glaze, Justice.

Appellant Tommy McIntosh appealed his conviction of aggravated assault and sentence of nine years to the court of appeals, and raised three points for reversal. The State responded first by filing a motion to dismiss wherein it claimed McIntosh had prematurely filed his motion for new trial on August 28, 1998, or five days before his conviction judgment was entered on September 2, 1998. The State asserted that, because McIntosh’s motion was untimely and ineffective, his time for appeal had not been extended, and therefore his thirty-day period for appeal commenced from…