Strucki v. State

ON PETITION FOR REHEARING

DOWNEY, Chief Judge.

On October 11, 1978, we noted apparent lack of jurisdiction because it appeared the Notice of Appeal had not been timely filed and, thus, on that date we dismissed this appeal. Thereafter, appellant timely filed a Petition for Rehearing in which he contends on authority of Cuneo v. State, 335 So.2d 278 (Fla.1976), that the Notice of Appeal was timely filed. We have reconsidered the matter in the light of appellant’s argument and conclude that the Notice of Appeal was timely filed and that we do have jurisdiction.

Appellant was charged by information…