(DOWNLOAD) "State Florida Ex Rel. Richard W. Ervin v. Sherman N. Smith" by Supreme Court of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: State Florida Ex Rel. Richard W. Ervin v. Sherman N. Smith
- Author : Supreme Court of Florida
- Release Date : January 10, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
On February 20, 1962, Robert L. Hooper was adjudged guilty of the crime of robbery. He was sentenced to a term in the State penitentiary. On May 22, 1962, 91 days after the conviction and sentence, a notice of appeal by Hooper, was received through the mail and filed by the Clerk of the Trial Court. The notice was dated May 14, 1962. A copy of the notice was subsequently transmitted to the District Court of Appeal, Second District. The State, through the Attorney General, moved to dismiss the appeal as having been filed too late. On July 18, 1962, the District Court of Appeal granted the motion and dismissed Hoopers appeal. On September 7, 1962, Hooper petitioned this Court for a writ of certiorari to review the order of dismissal. The petition was dismissed by us, Hooper v. State, Fla., 152 So.2d 171. On June 17, 1963, Hoopers petition for writ of certiorari addressed to the Supreme Court of the United States was denied by that Court. 374 U.S. 847, 83 S. Ct. 1907, 10 L. Ed. 2d 1067. In the meantime, on June 3, 1963, the District Court of Appeal sua sponte vacated its order of dismissal. It thereby reinstated Hoopers appeal which he had undertaken to institute by the notice filed on May 22, 1962. The District Court of Appeal has indicated its intention to proceed to consider the appeal on its merits.