MARVIN DIXON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
  …s not barred. Id. at 455. Pro se defendants who are ignorant of the fact that rule 3.800 does not authorize a motion for rehearing often file for rehearing and then find that their appeals have been dismissed as untimely. See, e.g., Mincey v. State, 789 So. 2d 492 (Fla. 1st DCA 2001). While I would never condone the successive filing of nonmeritorious motions, we should not bar reconsideration of a meritorious claim under rule 3.800 that the sentence is illegal. I thus do not agree with the majority that con…
• Amendments to the Florida Rules of Criminal Procedure, 886 So. 2d 197 (Fla. 2004)
  …d for unwary litigants whose appeals have been dismissed as untimely because a motion for rehearing in a rule 3.800 proceeding currently is an unauthorized motion that does not toll the time for filing a notice of appeal. See, e.g., Mincey v. State, 789 So. 2d 492 (Fla. 1st DCA 2001) (holding that because the motion for rehearing filed in the 3.800 proceeding did not toll the time for filing a notice of appeal, the appeal would be dismissed as untimely); Bischel v. State, 712 So. 2d 432 (Fla. 2d DCA 1998) (sa…
• Johnson v. State, 840 So. 2d 1164 (Fla. 5th DCA 2003)
  …in the past, a motion for rehearing directed to an order denying Rule 3.800(a) relief is not an authorized motion, and accordingly does not toll the time to appeal. See Mathis v. State, 720 So. 2d 1116 (Fla. 5th DCA 1998); see also Mincey v. State, 789 So. 2d 492 (Fla. 1st DCA 2001). Because the appellant failed to file his notice of appeal within thirty (30) days from the rendition of the order denying his motion for Rule 3.800(a) relief, this court does not have jurisdiction to consider his appeal. DISMI…