Johnson v. State

I respectfully submit that this Court is totally without jurisdiction over this case and that the appeal should be dismissed rather than considered on its merits. As indicated in footnote 1 of the majority opinion, the judgment of the trial court sentencing appellant was entered on December 3, 1992. Appellant subsequently filed a timely motion for new trial. However, prior to any disposition of the motion for new trial by the trial court, appellant withdrew the motion for new trial on March 1, 1993 and on the same day filed a notice of appeal. “ ‘The proper and timely filing of the notice of…