State v. Byington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when the record contained a transcript of the denial of the motion for a new trial but no order, the proper procedure was to order supplementation of the record
• holding that a minute entry that states the trial court’s disposition is sufficient to confer jurisdiction so long as neither party “moves the trial court to set forth findings of fact and conclusions of law”
• finding supplemental record that included court minutes indicating that the trial court had denied the motion for new trial sufficient to confer jurisdiction
• providing that this court did not acquire jurisdiction of the defendant’s appeal pending the trial court’s entry of an order denying the defendant’s motion for new trial even though the transcript of the hearing reflected that the trial court denied the motion
• ordering supplementation of the record with an order denying the motion for new trial because the transcript of the hearing on the motion for new trial clearly showed that the trial court denied the motion, although no written order denying it was filed
• “[A]lthough we hold that a minute entry is sufficient to confer appellate jurisdiction under Rule 4 in a criminal case, better practice dictates that the trial court enter a written order.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).