State v. Adams

Appellant was tried and convicted, in absentia, on a charge of driving under the influence and sentenced to four (4) years imprisonment. This appeal is from an order dismissing his original appeal of the conviction on the grounds that his Notice of Intention to Appeal was not timely.

The question before this Court is whether appellant was required to file a Notice of Intention to Appeal within ten days of the adjournment of the court sine die, or only within ten days after he received actual notice of the conviction. Circuit Court Rule 49 is clear in its requirement that the Notice be filed…