Barthell v. State

Benham, Judge.

Appellant was convicted of several drug offenses in October 1983. His timely motion for new trial was denied on June 22, 1984. The notice of appeal in this case was filed on September 12, 1984. Appel-lee has filed a motion to dismiss this appeal for lack of jurisdiction because of appellant’s tardiness in filing the notice of appeal. We find that motion meritorious.

In appellant’s notice of appeal, he alleges that his counsel did not receive a copy of the order denying the motion for new trial until August 22, 1984, a month after the time for filing a notice of appeal. “The fact…