State v. Jackson

MORRIS, Judge.

Rule 5 of the Rules of Practice in the Court of Appeals provides that the record on appeal must be “docketed within ninety days after the date of the judgment, order, decree, or determination appealed from.” In this case judgment was entered on 10 May 1974. The record on appeal was filed more than 90 days later, on 26 August 1974. No extension of time for docketing the record on appeal appears in the record. For defendant’s failure to comply with Rule 5, his appeal is subject to dismissal. In our discretion, however, we have decided to treat defendant’s appeal as a petition for…