COURT OF CRIMINAL APPEALS OF TENNESSEE, AT NASHVILLE
July 26, 1996
STATE OF TENNESSEE, APPELLEE,
TED A. PUCKETT, APPELLANT.
David H. Welles, Judge, Concur: John H. Peay, Judge, Jerry L. Smith, Judge
The opinion of the court was delivered by: Welles
This case came to be heard on the motion of the appellant requesting that this Court reconsidered its granting of the state's motion to affirm the judgment pursuant to T.R.A.P. 20. Specifically, the appellant notes the Court's failure to acknowledge his response, filed June 20, 1996.
This appeal was from the circuit court's dismissal of the appellant's appeal from general sessions, where the appellant was found guilty of failing to use his turn signal and was fined $10. It appeared from the record that judgment was entered in the general sessions court on October 6, 1995, and that the appellant did not file his notice of appeal, styled "Notice of Petition for Writ of Certiorari," until October 17, 1995. The circuit court dismissed the appeal as one day late. In his response, the appellant submits that his petition was not an appeal from general sessions. Instead, he contends that he was seeking relief in the circuit court from plain error in the court below.
Under T.C.A. § 27-5-108(a), any party may appeal from an adverse decision of the general sessions court to the circuit court of the county within a period of ten days. If no appeal is taken within the time provided, then execution may issue. T.C.A. § 27-5-108(d). Because the appellant failed to timely file his "notice of appeal" with the circuit court clerk, this Court held that his appeal was properly dismissed as untimely.
It is clear that the appellant's intention in filing his pleadings in circuit court was to seek review of the lower court's decision. The state legislature has seen fit to devise a procedure for appealing court decisions. These procedural requirements cannot be circumvented by the style of the pleadings.
Thus, having reviewed the appellant's petition to reconsider, and having found it to be not well taken;
IT IS, THEREFORE, ORDERED that the appellant's motion requesting that this Court reconsidered its granting of the state's motion to affirm the judgment pursuant to T.R.A.P. 20 is respectfully denied.
ENTER, this the 26th day of July, 1996.
DAVID H. WELLES, JUDGE
JOHN H. PEAY, JUDGE
JERRY L. SMITH, JUDGE
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