Yearby v. State

Alonzo Yearby, the appellant, was indicted and convicted for child abuse. Sentence was nine years' imprisonment. This appeal is dismissed because there was no timely notice of appeal.

The judgment entry was January 28, 1984. A "motion to reduce sentence" was filed February 9th and denied February 24th. Notice of appeal was given March 15th — forty-seven days after the judgment entry.

The notice of appeal must be filed "within 42 days (6 weeks) after pronouncement of the sentence." A.R.A.P. 4 (b)(1). Here, the notice was filed five days late.

"If a motion in arrest of judgment, motion for new…