People v. Allen

This matter is before us on a motion by the attorney general of this state to dismiss the appeal herein on the ground that the appeal was not timely perfected. The attorney general points out that judgment and sentence were entered by the trial court on May 17, 1971, and the notice of appeal was not filed until October 2, 1972, which was more than 60 days after judgment was entered. The record shows that on August 28, 1972, the defendant filed a Crim. P. 35(b) motion alleging that his counsel, the public defender, had failed to perfect an appeal despite the defendant’s request for him to do…