State v. Lykken

A review of the appeal record reveals a jurisdictional defect which is controlling. The time to file a motion for new trial is jurisdictional. SDCL 23A-32-15 provides in part:

An appeal from the judgment must be taken within thirty days after the judgment is signed, attested and filed.

The running of the time for filing a notice of appeal is terminated by a timely motion [for new trial]....

(emphasis added). SDCL 23A-29-1, which governs motions for new trial in criminal actions, provides in part:

A motion for new trial ... shall be served and filed not later than ten days after filing of the…