Supreme Court of Florida, 1971

Monger v. State

Monger v. State
Supreme Court of Florida · Decided June 9, 1971 · Adkins, Boyd, Carlton, Dekle, Ervin, McCain, Roberts
249 So. 2d 433; 1971 Fla. LEXIS 3611 (Southern Reporter, Second Series)

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.

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