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FINLEY v. STATE

No. 5077.

168 So.2d 201 (1964)

Gerrald W. FINLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

October 23, 1964.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, Robert E. Pyle, Asst. Public Defender, Clearwater, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

WHITE, Judge.

The state has moved to dismiss this criminal appeal on the ground that the notice of appeal was untimely filed. Such appeals must be filed within 90 days from the time of judgment or sentence. Fla. Stat. § 924.09, F.S.A.,1 Rule 6.2, F.A.R., 31 F.S.A.2

In the instant case the last day fell on Sunday, 19 April 1964 and notice of appeal was filed on Monday, 20 April 1964. The defendant...

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