If a timely motion in arrest of judgment or for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within ten days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within ten days after entry of the judgment. A judgment or order is entered within the meaning of this subdivision when it is entered in the criminal docket. A notice of appeal filed after the announcement of a decision, sentence, or order but before entry of the judgment or order must be treated as filed after the entry and on the day thereof. Upon a showing of excusable neglect the trial court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed thirty days from the expiration of the time otherwise prescribed by this subdivision.
Jurisdiction depends on a timely filed notice of appeal.
If the notice of appeal is not filed with the clerk of the trial court within ten days from the date of the entry of the Judgment or order appealed from, we do not have jurisdiction. Here, a motion for new trial was timely filed within ten days of the judgment of conviction. Franck's notice of appeal was not filed until the eleventh day after entry of the order denying her motion. Therefore, we do not have jurisdiction of this appeal. Still, there is a safety valve.