State v. Fuller

Forty-three days after entry of a judgment of conviction for second degree murder, Evelyn Fuller appealed a twenty-year fixed sentence contained in the judgment. Under I.A.R. 14, a notice of appeal must be filed “within 42 days” unless an intervening motion has been made which could affect the “findings of fact, conclusions of law or judgment....” No such intervening motion was made in this case. Failure to file a timely notice of appeal is a jurisdictional defect which requires dismissal of the appeal. I.A.R. 21.

In a well-written supplemental brief, Fuller invites our attention to the fact…