Papp v. State

Petitioner, Belint Papp, seeks review by certiorari of an order of the circuit court dismissing petitioner’s appeal to that court from a conviction in the criminal court of record. The circuit court sua sponte dismissed petitioner’s appeal on February 11, 1971, for the reason that the record on appeal was not filed in the circuit court within 40 days, as required by Rule 6.9b, F.A. R., 32 F.S.A. On March 3, 1971, the circuit court issued a further order denying petitioner’s motion to set aside the dismissal.

Petitioner was convicted on December 16, 1970, mailed his notice of appeal to the…