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King v. City of Richland7/15/2003
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Harris v. State, 826 So. 2d 765, 767 ( ) (Miss. Ct. App. 2002). This Court further held that " e find nothing that allows the suspension of those specific requirements." Id. at 768 ( ).
.In this case, the circuit court's order affirming the convictions was entered on December 21, 2001. "The last date that a request for an out-of-time appeal may properly be filed under Rule 4(h) is 180 days after the judgment." Id. at ( ). Therefore, King had to file his motion for an out-of-time appeal no later than June 19, 2002. Instead, he filed his motion for an out-of-time appeal on July 9, 2002, two hundred days after the filing of the circuit court's judgment.
. King did not file a notice of appeal within 180 days of the original entry of the order, as required by M.R.A.P. 4(h). Furthermore, neither the circuit court nor this Court has the authority to suspend this time limit. Harris, 826 So. 2d at 768 ( ). Therefore, we find that the circuit court erred in allowing King's out-of-time appeal, and this Court is without jurisdiction to consider this appeal on the merits.
. THIS APPEAL IS HEREBY DISMISSED FOR LACK OF JURISDICTION DUE TO THE UNTIMELINESS OF THE NOTICE OF APPEAL. COSTS OF THE APPEAL ARE ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, MYERS AND CHANDLER, JJ., CONCUR. IRVING, J., CONCURS IN RESULT ONLY.
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