CHRISTOPHER REINHARDT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Reinhardt appeals his sentence for convictions on robbery, aggravated battery, and dealing in stolen property. The court dismisses the appeal as untimely because Reinhardt's notice of appeal was filed on the 31st day after sentencing, exceeding the deadline that begins from the date of oral pronouncement and signing of sentence.
The court lacks jurisdiction because the notice of appeal was untimely filed on day 31, after the time period for appeal began running from the oral pronouncement and signing of the September 14, 1993 sentence. The appeal is dismissed as untimely.
[1] The time for filing a notice of appeal from a sentence begins to run immediately from the oral pronouncement and signing of the sentence.
[2] A notice of appeal filed on the 31st day after the pronouncement and signing of a sentence is untimely.
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Join FLexlaw to unlock all legal intelligence“The time for appeal from a sentence begins to run immediately from oral pronouncement and signing of the sentence.”
Establishes the rule for when the appeal deadline commences.
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Join FLexlaw to unlock all legal intelligenceReinhardt was convicted on May 28, 1993, of dealing in stolen property and of robbery with a firearm and aggravated battery with a firearm in separate…
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PER CURIAM.
According to the October 15, 1993, notice of appeal, appellant, Christopher Reinhardt, appeals his sentence rendered October 12, 1993. However, the record in the appeal indicates that appellant was convicted on May 28,1993, of dealing in stolen property in Case No. 92-7910 CFA 02, and robbery with a firearm and aggravated battery with a firearm in Case No. 92-5171 CFB 02, and was sentenced on September 14, 1993 to concurrent sentences of fifteen years; seventeen years and fifteen years, respectively. Therefore, the notice of appeal is directed to the September 14, 1993, sentences.
The public defender has filed a motion to withdraw, along with a brief in support thereof. One of the bases for withdrawal is this court’s lack of jurisdiction predicated on the untimely notice of appeal. The time for appeal from a sentence begins to run immediately from oral pronouncement and signing of the sentence. Fox v. District Court of Appeal, Fourth District, 553 So. 2d 161 (Fla.1989). The notice of appeal is untimely as it was filed by the assistant public defender on the 31st day. The untimely filing of the notice of appeal precludes this court from exercising jurisdiction. Peltz v. District Court of Appeal, Third District, 605 So. 2d 865 (Fla.1992).
Therefore, we sua sponte dismiss the appeal as untimely and deny the pending motion to withdraw as moot. Appellant’s avenue for relief is through a rule 3.850 motion for post-conviction relief filed in the trial court based on trial counsel’s ineffectiveness arising from failure to file a timely notice of appeal. State v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla.1990); Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992).
DELL, C.J., and HERSEY and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)
- Arvin Peltz v. Dist. Court OF Appeal, 605 So. 2d 865 (Fla. 1992)
- Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992)
- FOX v. Dist. Court OF Appeal, 553 So. 2d 161 (Fla. 1989)