DENNIS v. STATE

No. 69-386.

231 So.2d 230 (1970)

Larry J. DENNIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 13, 1970.


Attorney(s) appearing for the Case

Rowan J. Helferty, Jr., Dunedin, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellee.


MANN, Judge.

Dennis' notice of appeal was dated June 4, 1969, twenty-seven days after judgment and sentence on May 8, 1969. The notice of appeal was notarized, though it need not have been, and the notary acknowledged its execution on June 4. The envelope in which the notice was mailed was postmarked June 12, so by the time of mailing the appeal time had expired. The record before us does not indicate whether the untimely filing of the notice of appeal is attributable...

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