RICKY EUGENE PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court summarily affirmed dismissal of habeas corpus petition because Patterson sought belated appeal through improper procedure, and dismissed for lack of subject matter jurisdiction the appeal of an order denying relief from judgment, which was unauthorized under Florida Rules of Criminal Procedure.
A petition for habeas corpus that actually seeks belated appeal in post-conviction proceedings must be pursued by proper petition under Florida Rule of Appellate Procedure 9.141(c), and a motion for relief from judgment not timely filed as a motion for rehearing under Florida Rule of Criminal Procedure 3.850(g) is a legal nullity.
[1] A motion for relief from judgment filed in post-conviction proceedings that is not timely filed as a motion for rehearing under Florida Rule of Criminal Procedure 3.850(g…
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Join FLexlaw to unlock all legal intelligenceRicky Eugene Patterson appealed a trial court order denying his motion for reconsideration of an order dismissing his habeas corpus petition and a sep…
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PER CURIAM.
Ricky Eugene Patterson has appealed a trial court order which denied his motion for reconsideration of an earlier trial court order dismissing his petition for writ of habeas corpus, and a separately filed motion for relief from judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We summarily affirm that portion of the order which dismissed habeas corpus, since Patterson actually sought belated appeal in post-conviction proceedings. This must be sought by proper petition filed in this court under Florida Rule of Appellate Procedure 9.141(c). Indeed, our records confirm that Patterson actually has filed such a petition in this court and that this court earlier granted him belated appeal of an order denying his motion for post-conviction relief and petition for writ of error coram nobis.
As for that portion of the order on appeal which denied his motion for reconsideration of an earlier order denying his motion for relief from judgment, we dismiss for lack of subject matter jurisdiction in this court. Patterson’s motion for relief of judgment was not authorized under the Florida Rules of Criminal Procedure in his post-conviction proceedings, and the order denying it was a legal nullity. It was not filed in time for the trial court to have considered it a motion for rehearing under Florida Rule of Criminal Procedure 3.850(g). Reconsideration of the order denying relief from judgment is not an authorized motion either. The order of denial is a legal nullity.
AFFIRMED IN PART, DISMISSED IN PART.
STONE, POLEN and TAYLOR, JJ., concur.
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Crompton v. State, 881 So. 2d 635 (Fla. 1st DCA 2004)…PER CURIAM. Having considered the appellant’s response to this Court’s order of May 24, 2004, this appeal is hereby dismissed for lack of jurisdiction. See Patterson v. State, 868 So. 2d 583 (Fla. 4th DCA 2004). Appellant’s motion to treat this appeal as a petition for writ of mandamus is DE [*636] NIED. See Madden v. State, 780 So. 2d 247 (Fla. 2d DCA 2001). WOLF, C.J., KAHN and LEWIS, JJ., concur.…