Summary
In Rocklin v. State, Fla. 1952, 61 So.2d 484, this court sua sponte dismissed all except one, to be selected by the appellant, of the appeals from several separate judgments entered in separate trials against the appellant and covered by a single notice of appeal, with the terse comment, "One notice of appeal can only be effective to appeal one case."
Summary of this case from Holliman v. StateOpinion
November 21, 1952.
Appeal from the Criminal Court of Record for Dade County, Ben C. Willard, J.
Samuel Rocklin, in proper person.
Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen., for appellee.
Informations were filed against Samuel Rocklin in Dade County, Florida, on thirteen separate charges of robbery. He plead guilty in seven cases, identified by lower court file numbers 24110, 24111, 24112, 24114, 24118, 24119, and 24125. He plead not guilty in six cases, identified by lower court file numbers 24113, 24115, 24116, 24117, 24120, and 24124. Trial was had upon the latter cases, resulting in his conviction in each of such cases.
One affidavit of insolvency, one notice of appeal, and one set of directions to the Clerk were filed, but each was addressed to cases 24113, 24115, 24116, 24117, 24120, and 24124. One notice of appeal can only be effective to appeal one case.
It is therefore the order of the court, sua sponte, that the appellant within 30 days amend the appeal notice by expunging and eliminating five of the file numbers, leaving one appeal in force; and upon his failure to do so, all the purported appeals shall stand dismissed.
It is so ordered.
SEBRING, C.J., and THOMAS and MATHEWS, JJ., concur.