State of Tennessee v. Joseph Gevedon (Dissent)

Syllabus

John Everett Williams, P.J., dissenting.I respectfully disagree with the majority's conclusion that this court is without jurisdiction to hear the appeal because no final judgment has been entered.Tennessee Rule of Appellate Procedure 3(b) provides that a criminal defendant has \a right to appeal when the trial court has entered a final judgment of conviction.\ State v. Comer, 278 S.W.3d 758, 760-61 (Tenn. Crim. App. 2008) (quotation omitted). However, \'Rule 3 appeals … may be taken only from final judgments.'\ State v. William Chandler Daniels, No. E2009-02172-CCA-R3-CD, 2010 WL 5343776, at 1 (Tenn. Crim. App. Dec. 23, 2010) (quoting State v. Maddox, 603 S.W.2d 740, 741 (Tenn. Crim. App. 1980)). A judgment is considered final \'when it decides and disposes of the whole merits of the case leaving nothing for the further judgment of the court.'\ State v. David Allan Bohanon, No. M2012-02366-CCA-R3-CD, 2013 WL 5777254, at 3 (Tenn. Crim. App. Oct. 25, 2013) (quoting Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446, 460 (Tenn. 1995)).