State v. Nelson

(dissenting) — The majority hold that the appeal herein is taken in a criminal cause, and that, because the record was not filed in the office of the clerk of this court within sixty days after the giving of the notice of appeal, the appeal must be dismissed under rule XII (193 Wash. 15-a).

As stated by the majority, this is an appeal from an order denying appellant’s motion to vacate the judgment and sentences entered against him in an action instituted by the state by way of information charging appellant with divers crimes, to which appellant had pleaded guilty. Appellant’s motion to vacate…