Heard v. State

Johnson, Judge.

A jury found Chappell Heard guilty of aggravated assault and criminal attempt to commit armed robbery. He appeals his conviction.

1. The State urges us to dismiss this appeal alleging that Heard’s failure to file a timely notice of appeal divests this court of jurisdiction over the case. The court entered its sentence on July 10, 1991. A motion for new trial was filed on July 17, 1991. Prior to a ruling, the motion was withdrawn on October 4, 1991. A notice of appeal was timely filed November 4, 1991. “[T]he withdrawal or dismissal of the motion for new trial ... is considered a…