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593 So. 2d 581

Larry v. State

District Court of Appeal of Florida

Decided February 5, 1992

District Court of Appeal of Florida · decided 1992-02-05

Cited by 2 later decisions — most recently August 1995

2 state decisions

Relies on 457 So. 2d 1136 - Walker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-05

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¶1ON MOTION TO ALLOW LATE NOTICE OF CROSS APPEAL

PER CURIAM.

¶2Appellee moves for leave to file a notice of cross appeal fourteen months after the appellant filed the notice of appeal. We deny the motion without prejudice to serve an amended motion which sets forth good cause as required by Walker v. State, 457 So.2d 1136 (Fla. 1st DCA 1984).

¶3The filing period for a notice of cross appeal by the state in a criminal case is procedural rather than jurisdictional. The filing period may be extended for good cause where the defendant will not suffer prejudice or be deprived of adequate notice. Walker at 1137. Here, the state has not shown good cause for the fourteen months’ delay. Accordingly, the motion is denied without prejudice to serve an amended motion which complies with Walker.

JOANOS, C.J., and ZEHMER and WOLF, JJ., concur.
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