State of Tennessee v. John A. Turbyville

The appellant was convicted by a jury of the offense of reckless aggravated assault. He received a sentence of seven years incarceration as a Range II multiple offender convicted of a Class D felony. On appeal the appellant contends that the evidence is insufficient to support the verdict and that the trial court erred in denying him any form of alternative sentencing. Appellate review is available for these two issues despite the fact that the appellant failed to file a timely motion for new trial under Tenn. R. Crim. P. 33(b). However, review of these issues is dependent on either a timely filed notice of appeal, or in the interest of justice, a waiver of the timely filing of a notice appeal. Tenn. R. App. P. 4(a). Because the appellant filed a late motion for a new trial, his notice of appeal is likewise tardy. Neither has the appellant sought a waiver of the timely filing of the notice of appeal. Under these circumstances the appeal is DISMISSED.