Foote v. State

THOMAS, Justice.

The sole question in this case is whether the district court, in its role as an intermediate appellate court, properly dismissed a criminal appeal from the county court because the notice of appeal was not filed on time. The record does not tell us whether the failure to file the notice of appeal on time was the fault of Dale Foote or that of his attorney. The district court applied Rule 1.02, W.R.A.P.C.L.J. 1 It dismissed the appeal for failure to file the notice of appeal on time. We reverse the order dismissing the appeal and remand the case to the district court for a…