WILLIE EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1971-12-09
No. P-437
SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.
255 So. 2d 711 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 3 cases
Topics
Timeliness Of Notice Of Appeal Timeliness Notice Of Appeal

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On June 14, 1971, appellant was adjudged guilty of the offense of murder in the second degree and was sentenced to twenty-five years imprisonment. Although his notice of appeal was signed and notarized on July 12, 1971, the same was not filed until July 16, 1971, two days after the thirty-day period required by law. Appellant now moves this Court for the appointment of counsel on appeal.

As the filing of a notice of appeal is jurisdictional, this Court is required to sua sponte dismiss the present appeal for lack of jurisdiction because the notice was untimely filed. Said dismissal is, however, without prejudice to appellant’s right to file a petition for habeas corpus in this Court seeking full appellate review of his conviction and requesting counsel to assist him in this endeavor.

Appeal dismissed.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Williams v. State, 324 So. 2d 74 (Fla. 1975)
    …e discretionary power of the clerks to accept or reject the notice of appeal if the filing fee is not simultaneously paid or the adjudication of insolvency not simultaneously filed. State v. Sexton, 283 So. 2d 578 (Fla.App. 2d 1973); Evans v. State, 255 So. 2d 711 (Fla.App. 1st 1971); Papp v. State, supra. Prior to our decision in City of Gainesville v. Thomas, supra, the First District Court adopted this view. State ex rel. Moore v. Murphree, 106 So. 2d 430 (Fla.App. 1st 1958); State ex rel. Moore v. Murphre…
  • State v. Sexton, 283 So. 2d 578 (Fla. 2d DCA 1973)
    …vides: “An appeal may be taken by the state only within 30 days after the order or sentence appealed from is entered, . . ." The law is well settled in this state that filing of notice of appeal is jurisdictional. See Evans v. State, Fla.App.1971, 255 So. 2d 711. Appellant, after oral argument here, submitted in a letter accompanying a supplemental pleading filed with the clerk of this court (notice thereof was given ap-pellees by mail — no objection or response was filed thereto by either of the appellees…
  • Hays v. State, 263 So. 2d 829 (Fla. 1972)
    …Certiorari denied. 255 So. 2d 711. CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…

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