158 So. 2d 807 | Fla. Dist. Ct. App. | 1963
The appellee, State of Florida, moves to dismiss this appeal for failure to file notice of appeal within 90 days as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A. and states in support thereof that 93 days have expired as shown upon the face of the notice of appeal.
Upon motion made by Henry after appointment of counsel, the trial court accepted his plea of guilty to the crime of escape and entered judgment and sentence on June 14, 1963. On September 9, 1963, while incarcerated in the State Prison at Raiford, he delivered to prison officials a notice of appeal for mailing to the Circuit Court of Alachua County. The record reflects that his notice of appeal was stamped by prison officials as received and mailed on September 9, 1963. For reasons not shown by the record, the notice of appeal was not filed in the Circuit Court of Alachua County until September 16, 1963, this being four days beyond the time allowed by the rule.
Appellee, State of Florida, urges by its motion to dismiss that this court is without jurisdiction. The appellant countered with an affidavit of a postal inspector for the United States Post Office in the Gainesville, Florida, area, which states: “ * * * that
An analogous factual situation is found in Perez v. State,
Motion to dismiss the appeal is denied.
. Perez v. State, 143 So.2d 663 (Fla.App. 3d, 1962).
. There is no contention here that same has not been done.