Westerfield v. State

Birdsong, Presiding Judge.

Frank Westerfield was convicted of committing incest with his 15-year-old daughter. He was sentenced to serve twenty years. His counsel submitted a notice of appeal which, for an undisclosed reason, was not filed in the superior court until 31 days after the judgment of conviction. Appellant and the state pursued the merits of the appeal which raised evidentiary questions involving the admission of evidence and alleged curtailment of cross-examination. At the oral argument on the appeal, this court sua sponte questioned its jurisdiction but allowed the parties to…