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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

CRIMINAL CASE No. 2025-CR-890, Regional Trial Court, Branch 5. A judgment convicting the accused of homicide was rendered on August 15, 2025, with copies served on August 18, 2025. On August 28, 2025, the accused timely filed a motion for new trial under Rule 50. The RTC denied the motion on October 10, 2025. The accused filed a notice of appeal with the trial court on October 20, 2025. The record on appeal was prepared and filed on November 30, 2025. Based on Rule 122 and the sequence above, which of the following statements is the correct principle and outcome regarding perfection of the appeal?

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The period to appeal is automatically extended by any motion for new trial, regardless of timeliness; therefore the entire appellate clock restarts from the date of the denial or grant, whichever is later; hence the notice of appeal in this scenario would not be timely. The controlling doctrine is that a timely motion for new trial tolls the period to appeal; the period resumes on the denial, so the notice of appeal filed within 15 days from the denial is timely; the next steps include filing the notice of appeal with the trial court, preparing and filing the record on appeal in the appellate court, and submitting the appellant's brief. The notice of appeal was timely, and the next essential steps are to file the notice of appeal, then transmit the record on appeal to the Court of Appeals, docket the case, and file the appellant’s brief. After timely notice of appeal, the next step is to file a petition for relief from judgment in the Court of Appeals and to await the court’s action before transmitting the record on appeal.

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