JEREMY D. TARVER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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MONACO, J.
We deny the petition for habeas corpus filed by the petitioner, Jeremy D. Tarver, in which he seeks a belated appeal of the denial of his Rule 3.800(a) motion by the trial court. First, we note that the petition is unsworn, and thus does not comply with the requirements of Rule 9.141(c)(3)(F), Florida Rules of Appellate Procedure. More importantly, Mr. Tarver indicates in his petition that the order denying the underlying Rule 3.800(a) motion was rendered on September 16, 2005. He relates further that he individually filed his notice of appeal for purposes of the mailbox rule “on or about November 15, 2005.” As this indicates that the filing of his 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.
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Gomez v. State, 984 So. 2d 577 (Fla. 4th DCA 2008)…rders denying rule 3.800(a) motions raising this issue where the record did not reveal whether the trial judge had exercised discretion regarding the out-of-state jail credit. Krause v. State, 857 So. 2d 343 (Fla. 1st DCA 2003); Riscaldino v. State, 932 So. 2d 596 (Fla. 5th DCA 2006). Courts have required these motions to allege that the movant was held in the other state solely on the Florida charge. See Kyle v. State, 878 So. 2d 1275 (Fla. 5th DCA 2004). Gomez’s motion did not allege that he was held in Pen…
Authorities Cited
- Cotterell v. State, 890 So. 2d 315 (Fla. 5th DCA 2004)
- McINTOSH v. State, 906 So. 2d 1272 (Fla. 5th DCA 2005)