CHARLES H. MCINTOSH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2005-07-29

No. 5D05-1634

SHARP, W., THOMPSON and PALMER, JJ., concur.

906 So. 2d 1272 Florida District Court of Appeal, Fifth District (2005) Positive Treatment

Cited by 4 cases

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Holding

The court held that it lacks jurisdiction over an appeal filed more than 30 days after the rendition of the order being appealed.

Facts & Procedural History

Defendant appealed the denial of his motion for jail time credit. His notice of appeal was filed 35 days after the order was rendered.…

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Topics

Mailbox Rule Timeliness Of Notice Of Appeal Belated Appeal Timeliness

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Opinion of the Court

PER CURIAM.

Charles McIntosh (defendant) appeals the trial court’s order denying his rule 3.800(a)1 motion for jail time credit. We dismiss this appeal for lack of jurisdiction because the defendant’s notice of appeal was not timely filed. See McAllister v. State, 418 So. 2d 1203 (Fla.App. 3d DCA 1982), rev. denied, 429 So. 2d 6 (Fla.l983)(holding the district court lacks jurisdiction over an appeal filed more than 30 days after rendition of order being appealed).

Florida Rule of Appellate Procedure 9.140(b)(3) provides that a defendant shall file a notice of appeal at any time “between the rendition of a final judgment and 30 days following rendition of a written order imposing sentence.” The order on appeal reflects a rendition date of April 8, 2005. The defendant’s notice of appeal was untimely filed, pursuant to the mailbox rule,2 on May 13, 2005, some 35 days after the rendition of the order. In closing, we note that the issue raised by the defendant relating to the certificate of service attached to the order (which recited a service date of April 13, 2005) may affect the defendant’s entitlement to receive a belated appeal and could be raised in a petition seeking a belated appeal filed pursuant to Florida Rule of Appellate Procedure 9.141(c). Accordingly, this appeal is dismissed without prejudice to the defendant seeking a belated appeal.

AFFIRMED.

SHARP, W., THOMPSON and PALMER, JJ., concur. . See Fla. R.Crim. P. 3.800(a).

. See Pagan v. State, 899 So. 2d 1203 (Fla. 2d DCA 2005)(explaining that under the mailbox rule a pro se inmate’s document is deemed filed when the inmate entrusts the document to prison officials for delivery).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Tarver v. State, 932 So. 2d 596 (Fla. 5th DCA 2006)

…s notice of appeal was well beyond the thirty-day limit prescribed in Rule 9.140(b)(3), Florida Rules of Appellate Procedure, and that the fault in missing the filing deadline lies solely with Mr. Tarver, we deny the petition. See McIntosh v. State, 906 So. 2d 1272 (Fla. 5th DCA 2005); Cotterell v. State, 890 So. 2d 315 (Fla. 5th DCA 2004). PETITION DENIED. SAWAYA and PALMER, JJ., concur.…
Sheppard v. State, 918 So. 2d 973 (Fla. 5th DCA 2005)

…PER CURIAM. DISMISSED. See Fla. R.App. P. 9.140(b)(3); McIntosh v. State, 906 So. 2d 1272 (Fla. 5th DCA 2005). SHARP, W., GRIFFIN and THOMPSON, JJ., concur.…

Authorities Cited

Pagan v. State, 899 So. 2d 1203 (Fla. 2d DCA 2005)
McALLISTER v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982)

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CHARLES H. MCINTOSH, APPELLANT, v. STATE OF FLORIDA, APPELLEE