District Court of Appeal of Florida December 13, 1978, No. 77-2028 (Strucki v. State)

ON PETITION FOR REHEARING

DOWNEY, Chief Judge.

On October 11, 1978, we noted apparent lack of jurisdiction because it appeared the Notice of Appeal had not been timely filed and, thus, on that date we dismissed this appeal. Thereafter, appellant timely filed a Petition for Rehearing in which he contends on authority of Cuneo v. State, 335 So.2d 278 (Fla.