State v. Hare

Defendant was convicted by a jury of third degree burglary and sentenced to a term of fifteen months in the state penitentiary. The final judgment of conviction was signed by the trial judge, and attested and filed by the clerk on October 6, 1976.

On December 7, 1976, defendant filed in the office of the clerk of the trial court a notice of appeal to this court from the judgment. The notice of appeal was filed more than sixty days after the date upon which the judgment was signed, attested and filed. The appeal is, therefore, not timely. SDCL 23-51-6.

In the same notice of appeal, defendant…