Opinion
No. 93, September Term, 1967.
Decided February 19, 1968.
POST CONVICTION PROCEDURE — Application For Leave To Appeal Not Timely Filed. Application for leave to appeal was denied where it had not been filed within 30 days after the entry of the order appealed from. Code (1957), Art. 27, § 6451; Rule BK 46 (a). pp. 207-208
Decided February 19, 1968.
Application for leave to appeal from the Criminal Court of Baltimore (RUSSELL, J.).
John R. Davis instituted a proceeding under the Uniform Post Conviction Procedure Act, and, from a denial of relief, he applied for leave to appeal.
Application denied.
Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
This is an application for leave to appeal from an order filed on April 27, 1967, by Judge George L. Russell, Jr., sitting in the Criminal Court of Baltimore, denying relief sought under the Uniform Post Conviction Procedure Act.
The record shows that although the order was filed on April 27, 1967, applicant did not apply for leave to prosecute an appeal until June 11, 1967, or more than 30 days after the entry of the order appealed from. This fails to comply with Md. Code (1967 Repl. Vol.), Art. 27, § 645 I and Md. Rule, BK 46 (a), thus the application must be denied. Bynum v. Warden, 230 Md. 631.
Application denied.