PHILLIP NEWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant filed a motion seeking gain-time, along with a petition in support of his motion. When his motion was denied he moved for rehearing of his motion pursuant to Florida Rule of Criminal Procedure 3.800(a). We can assume from the motion for rehearing that the original motion was also filed pursuant to rule 3.800(a). We agree with the First District Court of Appeal’s conclusion in Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992), that a motion for rehearing does not postpone rendition of an order disposing of a rule 3.800(a) motion. Id. at 308.
In order for the notice of appeal in this case to have been timely as to the May 18, 1992, order of denial, it had to have been filed by June 17, 1992. The notice filed July 17, 1992 was therefore untimely, and as a result this court lacks jurisdiction of the cause. We sua sponte dismiss the appeal on the authority of Griffis v. State.
GLICKSTEIN, C.J., and DOWNEY and POLEN, JJ., concur.
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Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA 1994)…Rule of Criminal Procedure 3.800. His post-denial motions did not toll the time for filing his appeal and he did so untimely. Ketion v. State, 599 So. 2d 282 (Fla. 1st DCA 1992); Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992); Newman v. State, 610 So. 2d 455 (Fla. 4th DCA 1992). DISMISSED. HARRIS, C.J., and PETERSON and DIAMANTIS, JJ., concur.…
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Letarius Mathis v. State, 720 So. 2d 1116 (Fla. 5th DCA 1998)…ssed to orders rendered pursuant to rule 3.800(a) are not authorized, and they do not toll the time for filing a notice of appeal. See, e.g., Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA), rev. dismissed, 648 So. 2d 723 (Fla.1994); Newman v. State, 610 So. 2d 455 (Fla. 4th DCA 1992); Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992). Thus, Mathis’ appeal is untimely. We have previously pointed out this “trap” for the unwary, but until the rules are changed, we are bound by established precedent. Since M…
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Campbell v. State, 637 So. 2d 80 (Fla. 4th DCA 1994)…nviction relief for lack of jurisdiction. The notice of appeal was filed well past thirty days from the order denying the motion. Appellant’s motion for rehearing in the trial court did not postpone rendition of the order on appeal. Newman v. State, 610 So. 2d 455 (Fla. 4th DCA 1992) (rule 3.800 does not authorize a motion for rehearing and thus a motion for rehearing does not postpone rendition of the order on appeal). The notice in the instant case was therefore untimely and this court lacks jurisdiction to…
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- Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992)