HUGHES v. STATE

No. 88-03511.

550 So.2d 481 (1989)

Ruben HUGHES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 9, 1989.


Attorney(s) appearing for the Case

Sharon Bradley, Daly and Miller, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


ON MOTION TO DISMISS

PER CURIAM.

The following facts are undisputed. The order resentencing the appellant was rendered October 31, 1988; the notice of appeal was signed and mailed November 30, 1988; the notice of appeal was received by the clerk of the lower tribunal and stamped filed December 1, 1988.

Upon a suggestion that the appellant's notice of appeal was untimely filed, the appellant responds that it was timely filed because...

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