Monger v. State

Supreme Court of Florida
Monger v. State, 249 So. 2d 433 (Fla. 1971)
1971 Fla. LEXIS 3611
Adkins, Boyd, Carlton, Dekle, Ervin, McCain, Roberts

Monger v. State

Opinion of the Court

ERVIN, Justice

(dissenting):

I think it is altogether too technical to refuse to give credence to notices of ap*434peals filed ante to judgments or sentences being reduced to writing and placed in a minute or judgment book after they have been pronounced in open court and reflected in the minutes. A person convicted should not be delayed in taking an appeal or commencing service of sentence. A notice of appeal is not necessarily invalid because it antedates a written judgment. It picks up when the judgment is entered unless the state can show some prejudice by early filing of the notice, which it can’t in this case.

Reference

Full Case Name
Dennis Gary MONGER v. STATE of Florida
Status
Published