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DUNCAN v. STATE

No. 72-65.

260 So.2d 548 (1972)

Charles Michael DUNCAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 12, 1972.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.

ON MOTION TO DISMISS

PER CURIAM.

This matter is before us on a motion of the State to dismiss the appeal on the ground that notice of appeal was not filed with the Clerk of the trial court within 30 days from the date of the judgment sought to be appealed. It appears that the defendant in the trial court signed and swore to his notice of appeal on January 17, 1972, or 28 days after the date said judgment was rendered, which was a sufficient time for said...

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