Hicks v. State

Kenneth Hicks appeals his convictions and sentences for burglary, grand theft, and escape. Initially, we were concerned that this pro se appeal was untimely filed. Hicks, in response to this court’s order to show cause, asserts that his appeal paperwork was handed over to prison authorities for mailing within the 30-day time limit, and therefore should be accepted as timely. Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

Houston v. Lack involves an interpretation of the federal rules of appellate procedure. Most of the handful of state appellate courts that have passed…