State v. Tessema

SPECIAL TERM OPINION

ANDERSON, Chief Judge.

The state moves to dismiss this appeal from a petty misdemeanor conviction as being untimely filed. We grant the motion and dismiss the appeal.

FACTS

Appellant Tesfay Tessema was charged with a controlled access violation. The controlled access offense became a misdemeanor because Tessema had two prior convictions for moving traffic offenses within the last seven months. But the prosecutor and defense counsel agreed to certify the offense as a petty misdemeanor.

The case was tried to the court on December 7, 1993. On December 9, 1993, the trial court…