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CLEAVER v. STATE

No. 49A02-9306-CR-296.

629 N.E.2d 1240 (1994)

William B. CLEAVER, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

February 22, 1994.

Attorney(s) appearing for the Case

Nancy L. Broyles, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Julie Zandstra Frazee, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge, dissenting1.

The majority of the Second District panel have agreed upon the unpublished order which dismisses this criminal appeal. The dismissal is premised upon the fact that the praecipe was not timely filed.

As we know, the filing of a praecipe within thirty days of the judgment being appealed, as contemplated by Appellate Rule 2(A), is not truly jurisdictional. See Soft Water Utilities, Inc. v. Le Fevre...

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