Rolon v. State

THORNAL, Justice. •

By petition for a writ of habeas corpus, we are called upon to consider whether 60 or 90 days should be allowed for taking an appeal from an order denying relief under Criminal Procedure Rule I, F.S.A. ch. 924 Appendix.

The petitioner filed a motion for relief under Rule I, which was denied on July 12, 1965. He filed a notice of appeal from this denial on September 20, 1965. The District Court of Appeal, Second District, initially accepted this appeal. Later, on motion of the State, the appeal was dismissed, 197 So.2d 611, because it was not filed within 60 days from the…