State v. Youngbar
State v. Youngbar
Opinion of the Court
This case was called for trial on 4 May 1976 and was concluded by a guilty verdict and the entry of judgment on 5 May 1976. The record on appeal discloses that Judge McLelland signed appeal entries on 11 June 1976 and set the times from that date for the service of proposed record on appeal and the service of proposed alternative record on appeal. There is no showing of notice of appeal being given prior to 11 June 1976. This notice of appeal dated 11 June 1976 was not filed until 17 June 1976 and does not show service on the district attorney.
The session of court during which defendant was tried was a two-week session commencing on 26 April 1976. Defendant’s case was tried during the second week of the session. The two-week session expired by limitation on 7 May 1976. Actually in this instance the session expired 7 May 1976 by adjournment. Defendant’s notice of appeal was not entered until 11 June 1976, the 35th day after the last day of the session at which judgment was rendered.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.