Pinkney v. State

ALLEN, Judge.

The State moved to dismiss this appeal on jurisdictional grounds, which motion was previously deferred until the case was considered on the merits. Due to the circuit court clerk’s office being closed, the notice of appeal was filed one day late and under the factual situation existing in this case, we shall deny the State’s motion to dismiss and consider this appeal on the merits.

Appellant is appealing his conviction of the crime of first degree murder upon which he was sentenced to life imprisonment based on the jury’s recommendation of mercy.

Appellant admittedly, on January 9,…