State v. Thomas

AMDAHL, Chief Justice.

Defendant seeks further review of an order of the Court of Appeals denying his motion, pursuant to Minn.R.Crim.P. 28.02, subd. 4(3), 1 for an extension of time to file his appeal from judgment of conviction of second-degree murder. The Court of Appeals concluded that it did not have authority to grant the extension. In reaching this conclusion, the court reasoned that the defendant’s appeal was a sentencing appeal because it raised only a sentencing issue and that the extension provision of Rule 28.02, subd. 4(3), does not apply to such an appeal. 2 We grant the…