Padgett v. State

JOHNSON, Judge.

The appeal here is from the order of conviction and sentence of appellant entered pursuant to a jury verdict of guilty.

The order appealed was entered September 9, 1966, and on that same date the appellant, through his counsel, was allowed ten days within which to file his motion for *224new trial. This leave of court was granted by the trial judge pursuant to F.S. § 920.02(3), F.S.A. However, on the next day, September 10, the appellant filed his notice of appeal to this court. Then on September 19, 1966, the appellant filed with the lower court his motion for new trial, this being…