Johnson v. State

The appellant, Korey Dion Johnson, appeals his convictions for trafficking in cocaine and trafficking in marijuana. On July 24, 2008, Johnson was sentenced to 99 years for each conviction. On August 25, 2008, Johnson filed a timely motion for a new trial. 1 On November 25, 2008, Johnson filed a notice of appeal. The circuit clerk’s records indicated that the motion for a new trial was deemed denied by operation of law on September 22, 2008— 60 days from the date of sentencing. See Rule 24.4, Ala. R.Crim. P. Thus, Johnson had 42 days from September 22, 2008, to file a timely notice of appeal.…