
    Dennis Gary MONGER, Appellant, v. STATE of Florida, Appellee.
    No. 41038.
    Supreme Court of Florida.
    June 9, 1971.
    Rehearing Denied July 6, 1971.
    CARLTON, ADKINS, McCAIN and DEKLE, JJ., concur.
    ROBERTS, C. J., and BOYD, J., dissent.
    ERVIN, J., dissents with opinion.
   ERVIN, Justice

(dissenting):

I think it is altogether too technical to refuse to give credence to notices of appeals filed ante to judgments or sentences being reduced to writing and placed in a minute or judgment book after they have been pronounced in open court and reflected in the minutes. A person convicted should not be delayed in taking an appeal or commencing service of sentence. A notice of appeal is not necessarily invalid because it antedates a written judgment. It picks up when the judgment is entered unless the state can show some prejudice by early filing of the notice, which it can’t in this case.  