State v. Cichowski

The State of Vermont has moved to dismiss this appeal on the ground that the notice of appeal was untimely filed. Appellant, citing In re Savo, 139 Vt. 527, 431 A.2d 482 (1981), seeks to avoid dismissal by having the court remand the case to the trial court for a determination of whether the appeal is “patently frivolous,” with the appeal being retained on the docket if found not to be “patently frivolous.” Id. at 529, 431 A.2d at 484. Unlike Savo, however, this appeal does not seek post-conviction relief herein for ineffective assistance of counsel for failure of trial counsel to appeal his…