JOHNNY L. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, an inmate in the state correctional system, seeks review of an order denying a motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The record reflects that the order denying the motion was entered on July 16, 1993; that, on July 28, 1993, appellant mailed a motion for rehearing, which was filed on August 2, 1993; that the motion for rehearing was denied by an order entered on August 23,1993; and that, on August 31, 1993, appellant mailed a notice of appeal, which was filed on September 3, 1993. Rule 3.800 does not authorize a motion for rehearing. Therefore, appellant’s motion for rehearing did not postpone rendition of the order sought to be appealed. Accordingly, because the order sought to be appealed was rendered on July 16, 1993, and appellant did not mail his notice of appeal until August 31, 1993, the appeal is untimely and must be dismissed for lack of jurisdiction. See, e.g., Ketion v. State, 599 So. 2d 282 (Fla. 1st DCA 1992); Griffis v. State 593 So. 2d 308 (Fla. 1st DCA 1992).
APPEAL DISMISSED.
BOOTH, WOLF and WEBSTER, JJ., concur.
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Dawson-Knapp v. State, 679 So. 2d 1 (Fla. 2d DCA 1995)…notice of appeal was not tolled. Further, the trial court’s erroneous recital that the defendant had “thirty (30) days from the date of [the order denying rehearing] to appeal” did not toll the time for filing a notice of appeal. See Jones v. State, 635 So. 2d 989 (Fla. 1st DCA 1994). Therefore, this appeal is untimely and must be dismissed for lack of jurisdiction. APPEAL DISMISSED. SCHOONOVER, A.C.J., and BLUE and FULMER, JJ., concur.…
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Wright v. State, 643 So. 2d 1157 (Fla. 4th DCA 1994)…simply file a new motion to correct an illegal sentence in the trial court raising the same contention as before, then I should not be worried that he has been left with no recourse. . The First District has confronted this issue in Jones v. State, 635 So. 2d 989 (Fla. 1st DCA 1994); and Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992). These cases reach the same result as we have in Campbell and Newman.…1 / 2
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Turner v. State, 651 So. 2d 758 (Fla. 1st DCA 1995)…aled. Accordingly, because the order sought to be appealed was rendered on May 24,1994, and appellant did not mail his notice of appeal until June 29, 1994, the appeal is untimely and must be dismissed for lack of jurisdiction. E.g., Jones v. State, 635 So. 2d 989 (Fla. 1st DCA 1994). APPEAL DISMISSED. WEBSTER, MICKLE and BENTON, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992)
- Smith v. State, 599 So. 2d 282 (Fla. 3d DCA 1992)
- Decarr v. State, 599 So. 2d 282 (Fla. 5th DCA 1992)