Porter v. State

FULMER, Judge.

The issue raised in this appeal is whether a motion for new trial was timely filed. We conclude that it was not, and therefore, affirm.

On August 28, 1997, a jury found James Lee Porter guilty of two counts of driving under the influence resulting in serious injury and one count of driving with a suspended license. On September 8, 1997, Porter’s trial counsel prepared a motion for new trial and a proposed order for posttrial release. The two documents were delivered together directly to the tri*515al judge’s office by counsel’s secretary and left there. The trial judge reviewed the…