Henry v. State

The appellee, State of Florida, moves to dismiss this appeal for failure to file notice of appeal within 90 days as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A. and states in support thereof that 93 days have expired as shown upon the face of the notice of appeal.

Upon motion made by Henry after appointment of counsel, the trial court accepted his plea of guilty to the crime of escape and entered judgment and sentence on June 14, 1963. On September 9, 1963, while incarcerated in the State Prison at Raiford, he delivered to prison officials a notice of appeal for mailing to the…