BARRY IRAN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-09-27
No. 5D02-2081
SHARP, W., and SAWAYA JJ., concur.
828 So. 2d 410 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 6 cases
Opinion of the Court
PALMER, J.

PALMER, J.

Barry Iran Jones (defendant) appeals the partial summary denial of his rule 3.850 motion for postconviction relief. See Fla. R.Crim. P. 3.850. He raised eleven issues in his motion. The trial court entered an order summarily denying ten of the issues but determining that an evidentiary hearing was required on claim eleven and ordering the State to schedule a hearing thereon. The defendant filed a notice of appeal as to that order. An order partially disposing of a rule 3.850 motion is not a final appealable order. See McGriff v. State, 721 So. 2d 839 (Fla. 5th DCA 1998). Accordingly, the instant notice of appeal is premature and therefore this appeal must be dismissed.

DISMISSED.

SHARP, W., and SAWAYA JJ., concur.

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  • Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003)
    …, 432 U.S. 282, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977), that “the enactment of chapter 02-210, Laws of Florida, cured chapter 99-188’s constitutional infirmity” and “applie[d] retroactively.” Hersey, 831 So. 2d at 680. Subsequently, in Jones v. State, 828 So. 2d 410 (Fla. 5th DCA 2002), this court, on the basis of the unconstitutionality of Chapter 99-188, reversed and remanded for resen-tencing a sentence that included a three-year mandatory minimum term that had been imposed in accordance with section 784.07(…
  • Gangale v. State, 909 So. 2d 404 (Fla. 5th DCA 2005)
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  • Knecht v. State, 922 So. 2d 317 (Fla. 5th DCA 2006)
    …[*318] PER CURIAM. DISMISSED. See Jones v. State, 828 So. 2d 410 (Fla. 5th DCA 2002). SHARP, W., THOMPSON and PALMER, JJ., concur.…

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