JOHN GAYLORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN GAYLORD, APPELLANT,
STATE OF FLORIDA, APPELLEE
678 So. 2d 481
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This 3.800(a) appeal is dismissed sua sponte for lack of jurisdiction. Defendant’s unauthorized motion for rehearing did not toll the time for taking an appeal, and the record shows the notice of appeal was submitted and filed more than 30 days after the order denying relief was rendered. See Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA 1994).
PETERSON, C.J., W. SHARP and GRIFFIN, 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)…od in which to file a notice of appeal. We have held 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…
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MacPherson v. State, 843 So. 2d 354 (Fla. 5th DCA 2003)…3.800(a) “authorizing” a motion for rehearing and thus it follows, motions for rehearing in rule 3.800 proceedings do not toll the time for filing a notice of appeal. See, e.g., Mathis v. State, 720 So. 2d 1116 (Fla. 5th DCA 1998); Gaylord v. State, 678 So. 2d 481 (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), rev. dismissed, 648 So. 2d 723 (Fla.1994). [*355] Yet, this same mistake continues to be made primarily by convicted defendan…
Authorities Cited
- Kosek v. State, 640 So. 2d 1127 (Fla. 5th DCA 1994)
- Taylor v. State, 640 So. 2d 1127 (Fla. 1st DCA 1994)