Taylor v. State

SMITH, Chief Judge.

By its motion to dismiss the State asserts this court lacks jurisdiction because the notice of appeal was not timely filed.

On August 7, 1963, pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, the appellant filed in the trial court a motion to vacate his judgment and sentence. The motion was denied by order ■entered October 2, 1963. The appellant filed a petition for rehearing on September 20, 1963 which was denied by an order entered December 23, 1963. His notice of appeal was filed March 18, 1964. The question for our determination is whether or not the…