BARNEY, Chief Justice.
The defendant appeals for the third time from his 1976 conviction of armed robbery under 13 V.S.A. § 608(b) for which he is presently serving a sentence of ten to fifteen years imprisonment.
The first appeal in this case was heard by the Court in April, 1978, and was dismissed under V.R.A.P. 4, as untimely filed. State v. Savo, 136 Vt. 330,
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