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IN RE STEVENS

No. 86-409.

542 A.2d 256 (1988)

In re Ricky STEVENS.

Supreme Court of Vermont.

Reargument Denied January 8, 1988.

Attorney(s) appearing for the Case

Jarvis and Kaplan, Burlington, for petitioner-appellant.

John R. Churchill, Chittenden County Chief Deputy State's Atty., and Andrew Lichtenberg, Law Clerk, on the brief, Burlington, for respondent-appellee.

Before PECK, J., BARNEY, C.J. (Ret.), and MARTIN, Superior Judge, Specially Assigned.

PECK, Justice.

This is an appeal from a May 19, 1986, order of the Chittenden Superior Court, denying the defendant's petition for post-conviction relief pursuant to 13 V.S.A. § 7131. The issue raised on appeal concerns defendant's decision not to withdraw his plea of nolo contendre. However, defendant failed to make a timely notice of appeal; accordingly, we do not have jurisdiction to decide this appeal. See State v. Savo, 136 Vt. 330,

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