MARTIN DAVID KOPKO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appeal must be dismissed for lack of jurisdiction because a pending belated appeal may moot the issues raised.
Defendant appealed the summary denial of his motion for post-conviction relief. The trial court granted relief on one claim, allowing a belated appeal…
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ANTOON, Judge.
Martin Kopko (defendant) appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We sua sponte dismiss this appeal for lack of jurisdiction without prejudice.
Following a series of appeals to both this court and the supreme court, the defendant filed a rule 3.850 motion, alleging fourteen claims of ineffective assistance of counsel. Initially, the trial court summarily denied the motion as untimely. Thereafter, the defendant filed a motion for rehearing and the trial court conducted an evidentiary hearing. The trial court granted post-conviction relief on claim XIV, allowing the defendant leave to file a belated appeal of his lewd assault sentence. At the same time, the trial court summarily denied the defendant’s motion for rehearing as to the remaining thirteen claims. The defendant has appealed the summary denial of his motion on claims I through XIII.
Disposition of the defendant’s belated appeal may moot the remaining issues raised in his rule 3.850 motion. As a result, the belated appeal must be resolved prior to the consideration by this court of the summary denial of the remaining claims. See Gordon v. State, 1997 WL 82573 (Fla. 5th DCA February 28,1997).
DISMISSED.
DAUKSCH and GOSHORN, JJ., concur.
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Allen v. State, 707 So. 2d 381 (Fla. 5th DCA 1998)…ary 1, 1997, any request for a belated appeal is to be raised in a habeas corpus proceeding filed in the appellate court. Fla. R. of App. P. 9.140(j); Amendments to Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla.1996). In Kopko v. State, 692 So. 2d 933 (Fla. 5th DCA 1997), a defendant attempted to appeal the denial of his 3.850 motion. In the same order denying that motion, however, the trial court granted the request made for a belated appeal. In dismissing the appeal of the order entered on the…
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Kopko v. State, 709 So. 2d 159 (Fla. 5th DCA 1998)…ssed it as premature. As I understand this court’s earlier rulings, Mr. Kopko can now seek review in this court of the lower court’s refusal to hear his motion for post-conviction relief, which the lower court concluded was untimely. Kopko v. State, 692 So. 2d 933 (Fla. 5th DCA 1997).…