Motes v. State

Appellant David Edward Motes, by and through his attorney, Beverly C. Claunch, has filed a motion for rule on clerk. The record reflects that appellant timely filed his notice of appeal on September 13, 2006, making his record on appeal due on or before December 12, 2006. On December 12, the circuit court entered an order extending the time for filing the transcript to January 19, 2007. Appellant states that when he attempted to tender the record to this court’s clerk on January 3, 2007, the clerk refused to docket the record because the order of extension entered on December 12 did not…