JONATHAN P. MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JONATHAN P. MATHIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
674 So. 2d 209
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Jonathan P. Mathis appeals the trial court’s order denying his motion for reconsideration of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We dismiss the appeal as untimely. See Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA) (dismissing appeal of order denying Rule 3.800 motion as untimely since post-denial motion did not toll time to appeal), review dismissed, 648 So. 2d 723 (Fla.1994); see also Newman v. State, 610 So. 2d 455 (Fla. 4th DCA 1992).
PETERSON, C.J., and GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Simmons v. State, 684 So. 2d 860 (Fla. 5th DCA 1996)…that a motion for rehearing in a rule 3.800(a) proceeding does not toll the time in which to appeal because it is not authorized and therefore does not have a tolling effect. See Gaylord v. State, 678 So. 2d 481 (Fla. 5th DCA 1996); Mathis v. State, 674 So. 2d 209 (Fla. 5th DCA 1996); Simmons v. State, 657 So. 2d 1283 (Fla. 5th DCA 1995); Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA 1994). This is in contrast with motions for rehearing filed in rule 3.850 cases.1 Unlike rule 3.850, rule 3.800 does not requi…
Authorities Cited
- Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA 1994)
- Taylor v. State, 640 So. 2d 1127 (Fla. 1st DCA 1994)
- Newman v. State, 610 So. 2d 455 (Fla. 4th DCA 1992)
- Frow v. State, 610 So. 2d 455 (Fla. 3d DCA 1992)