S. Ct. Crim. No. 2012-0009

An attempted appeal from convictions for simple assault and battery and disturbing the peace is dismissed because the notice of appeal was filed well outside of the time allotted by Supreme Court Rule 5. Nothing in the present records supports the assertion that the Judgment and Commitment was not served upon defense counsel until shortly before the notice of appeal was filed. Supreme Court Rule 5(b)(1) provides that a notice of appeal must be filed within 30 days after the entry of a final order issued in a criminal case. While Rule 5(b)(6) allows this deadline to be extended by an additional 30 days upon a showing of excusable neglect or other good cause, the Superior Court lacked the authority to extend the deadline to 105 days after the entry of a final order. Under 4 V.I.C. § 31(b)(1) the Court sitting as a panel is vested with the authority to dismiss untimely appeals; the provision that the “Chief Justice alone” may dismiss an appeal does not mean that only the Chief Justice acting alone may dismiss an appeal, as noted in V.I.S.CT.I.O.P. 9.3.1. No statute or court rule allows the Superior Court to grant a defendant 105 days to file an appeal with this Court after the entry of a final judgment and, accordingly, despite its finding of good cause for the late appeal, the Superior Court erred in granting the motion for extension of time in this case. This notice of appeal is dismissed as untimely.