State v. Savo

Supreme Court of Vermont

State v. Savo

388 A.2d 391, 136 Vt. 330, 1978 Vt. LEXIS 622

CourtSupreme Court of Vermont

DecidedJune 6, 1978

Docket71-77

StatusPublished

Cited by12 cases

This text of 388 A.2d 391 (State v. Savo) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Savo, 388 A.2d 391, 136 Vt. 330, 1978 Vt. LEXIS 622 (Vt. 1978).

Pincite

Opinion

Per Curiam.

This is an appeal by the defendant from a conviction of armed robbery. The trial court entered a written judgment of guilty on December 30, 1976. Defendant was sentenced on February 7, 1977, and he filed his notice of appeal on February 17, 1977.

V.R.A.P. 4 requires that a notice of appeal must be filed within 30 days of the date of the entry of the judgment or order appealed from. A judgment of conviction becomes final and unappealable after the 30-day period has run. State v. Cooley, 135 Vt. 409, 411-12, 377 A.2d 1386, 1387 (1977). The notice of appeal here was filed beyond the time limit of 30 days from the entry of written judgment of guilty, although the appeal was within 30 days from the date of sentencing. The appeal being out of time, this Court lacks jurisdiction, *331 and the appeal must be dismissed. See Reporter’s Notes, V.R. A.P. 4.

Appeal dismissed.

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Per Curiam.

This is an appeal by the defendant from a conviction of armed robbery. The trial court entered a written judgment of guilty on December 30, 1976. Defendant was sentenced on February 7, 1977, and he filed his notice of appeal on February 17, 1977.

V.R.A.P. 4 requires that a notice of appeal must be filed within 30 days of the date of the entry of the judgment or order appealed from. A judgment of conviction becomes final and unappealable after the 30-day period has run. State v. Cooley, 135 Vt. 409, 411-12, 377 A.2d 1386, 1387 (1977). The notice of appeal here was filed beyond the time limit of 30 days from the entry of written judgment of guilty, although the appeal was within 30 days from the date of sentencing. The appeal being out of time, this Court lacks jurisdiction, *331 and the appeal must be dismissed. See Reporter’s Notes, V.R. A.P. 4.

Appeal dismissed.

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Bluebook (online)

388 A.2d 391, 136 Vt. 330, 1978 Vt. LEXIS 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-savo-vt-1978.

Opinion

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