Dennis v. State

District Court of Appeal of Florida

Dennis v. State

231 So. 2d 230

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1970

DocketNo. 69-386

StatusPublished

Cited by1 cases

This text of 231 So. 2d 230 (Dennis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dennis v. State, 231 So. 2d 230 (Fla. Ct. App. 1970).

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Opinion

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 to Dennis or to the negligence of personnel in the Division of Corrections. We must in any case dismiss the appeal as untimely filed. If state action has deprived Dennis of his right of review his remedy is as outlined in Baggett v. Wainwright, Fla.1969, 229 So.2d 239.

Appeal dismissed.

HOBSON, C. J., and LILES, J., concur.

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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 to Dennis or to the negligence of personnel in the Division of Corrections. We must in any case dismiss the appeal as untimely filed. If state action has deprived Dennis of his right of review his remedy is as outlined in Baggett v. Wainwright, Fla.1969, 229 So.2d 239.

Appeal dismissed.

HOBSON, C. J., and LILES, J., concur.

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Bluebook (online)

231 So. 2d 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-state-fladistctapp-1970.

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