Henninger v. State

230 So.2d 149 (1970)

John HENNINGER, Appellant,

v.

The STATE of Florida, Appellee.

No. 38926.

Supreme Court of Florida.

January 7, 1970.

Daniel S. Pearson, of Pearson & Josefsberg, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

BOYD, Justice.

This matter is before us on a motion of the State of Florida to dismiss the appeal filed herein by the appellant. The basis for the motion is that the notice of appeal required by Florida Appellate Rules was not filed within thirty days after appellant's motion for new trial was denied on June 11, 1969.

Appell…