Clark v. State

In this case Notice of Appeal was not filed or recorded until 102 days after the date of judgment and sentence appealed from. Obviously, therefore, this Court has no jurisdiction. The Notice of Appeal was “received” by the Clerk of the Circuit Court within 90 days from the date of judgment and sentence, but was not filed by the Clerk, presumably because neither a filing fee had been deposited with said Clerk to defray the costs payable to the appellate court Clerk nor had defendant below been adjudicated insolvent so as to require the State to pay such costs. One of the latter is required by…