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SAMUELS v. UNITED STATES

No. 80-1244.

435 A.2d 392 (1981)

George L. SAMUELS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 2, 1981.

Attorney(s) appearing for the Case

Allen M. Lenchek, Upper Marlboro, Md., appointed by this court, for appellant.

Evelyn E. Crawford Queen, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry and John R. Fisher, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, FERREN, Associate Judge, and YEAGLEY, Associate Judge, Retired.

PER CURIAM:

Appellant, George Samuels, filed a motion to vacate sentence, see D.C.Code 1973, § 23-110, which the trial court denied without a hearing. Two questions are presented: (1) whether this appeal from the denial of the motion to vacate, filed more than a month after the trial court's order, is timely, as there is no docket entry indicating when the court clerk mailed the order and no evidence of record as to when appellant received notice of the...

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