Clark v. State

The judgment of conviction was entered on November 7,1985. Notice of appeal was filed December 3,1985. The record was thus due in the clerk’s office within ninety days of the filing of the notice of appeal. The record was tendered on June 2, 1986, some three months late.

The appellant’s counsel, Mary Ann Gunn, contends the circuit judge entered an order extending the time for filing the record, and she presents his affidavit to that effect. She also presents her own affidavit showing she gave the extension order to her law clerk to file at the clerk’s office. She presents her law clerk’s…