01-1155-CR State v. Jones

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“Although this court in Lee did not specifically define when a court of appeals’ decision is ‘issued,’ in St. John’s Home this court equated the date stamped on the court of appeals’ decision or order as the date it was ‘issued and filed.’ Id. at 43. The fact that the clerk’s office as a matter of convenience and courtesy mails appellate decisions to the parties the day before they are ‘dated and filed’ does not mean that those decisions are to be deemed to have been ‘issued’ as of that mailing date. Consistent with past practice and common understanding, we conclude that appellate court decisions are ‘issued’ on the date they are filed and that date is identified by the date stamped on the first page of the decision. The notice of voluntary dismissal of the appeal filed by Jones on Dec. 10, 2001, operated to automatically dismiss his appeal with no further action needed from the court of appeals. We conclude the court of appeals’ decision dated Dec. 11, 2001, must be withdrawn even though the panel of the appellate court deciding that appeal might not have been aware on that date of Jones’ notice of voluntary dismissal.”

Denied and remanded.

Per Curiam