State of Tennessee v. Dewayne M. McDaniel a/k/a Anthony McDaniel

Case Number
W2002-02048-CCA-MR3-CD

The appellant, Dewayne A. McDaniel, a/k/a Anthony McDaniel, was convicted by a jury of theft of property. Specifically, the jury convicted  the appellant of the second charge contained in the indictment, exercising control over property with a value of $10,000 but less than  $60,000 without the consent of the owner, a Class C felony. The trial court sentenced the appellant to fifteen years as a Range III, persistent offender.

The appellant’s motion for new trial was denied by the trial court in an order entered May 10, 2001.  The trial court entered an order granting a delayed appeal on June 28, 2002. The trial court’s order granting the  delayed appeal indicates that the request for the delayed appeal was made by the appellant’s attorney, even though no motion for a delayed appeal appears in the technical record before this Court. The notice of appeal was not filed until September 13, 2002. Because of the untimeliness of the filing of the notice of appeal the appeal is dismissed.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge Joseph B. Dailey
Case Name
State of Tennessee v. Dewayne M. McDaniel a/k/a Anthony McDaniel
Date Filed
Dissent or Concur
No
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