ROGER WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-12-27
No. 4D00-4280
STEVENSON, SHAHOOD and HAZOURI, JJ., concur.
774 So. 2d 825 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the circuit court’s order denying appellant’s motion for post-conviction relief, but we remand for correction of the written judgment which incorrectly reflects the statutes under which appellant was convicted.

STEVENSON, SHAHOOD and HAZOURI, JJ., concur.


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    …placed in a post office box within the required time period is not sufficient.” Id. at 88. Unlike the instant case, in Harrell there was no dispute that the clerk’s time stamp was accurate. Shield also relies on Capone v. Florida Board of Regents, 774 So. 2d 825, 826 (Fla. 4th DCA 2000). The issue in Capone was whether the court’s policy of accepting papers filed with the clerk by 9:00 a.m. as having been actually filed the previous day, can extend the jurisdictional time limits for the filing of petitions…
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    …Worth, 789 So. 2d 1173, 1175 (Fla. 4th DCA 2001). As such, an untimely Petition divests this court of jurisdiction over the untimely filed Petition and it should be dismissed. See Joannou, 353 So. 2d at 164; Capone v. [*1238] Florida Bd. of Regents, 774 So. 2d 825, 827 (Fla. 4th DCA 2000) (reaffirming that the Fourth District Court of Appeal’s discretionary and convenience practice of accepting pleadings as timely filed if filed by 9:00 in the morning the day after pleading was due, was never intended to appl…
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