WILLIAM A. ROCHA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant Rocha appeals from an order allegedly dated October 16, 2014 regarding credit for time served in two criminal cases. The court dismisses the appeal without prejudice because no order bearing that date exists in the record, and two conflicting orders from August and September 2014 addressing the same issue appear in the lower court file.
The appeal is dismissed without prejudice because the record does not contain an order dated October 16, 2014, and it is unclear which of the two earlier orders Rocha intends to appeal or whether additional issues regarding credit for time served remain unresolved.
[1] An appeal will be dismissed without prejudice when the appellant fails to attach the specific order being appealed to the notice of appeal.
[2] A defendant may seek a belated appeal to correct errors in a prior court order.
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Join FLexlaw to unlock all legal intelligence“Neither the order attached to Rocha's notice of appeal nor any other order entered below bear an October 16, 2014 date nor does the record reflect any order rendered on that date.”
Establishes the threshold jurisdictional problem: the order Rocha claims to appeal does not exist in the record
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Join FLexlaw to unlock all legal intelligenceRocha filed multiple motions in two criminal cases (F08-35131A and F11-22483) addressing sentencing and credit for time served. A May 7, 2014 motion t…
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William Rocha appeals from an order which he claims was rendered on October 16, 2014 on his Motion to Correct Sentence to award credit for time served in Circuit Court case numbers F08-35131A and F11-22483. Neither the order attached to Rocha’s notice of appeal nor any other order entered below bear an October 16, 2014 date nor does the record reflect any order rendered on that date. Because two orders were entered below addressing mo*1278tions to correct sentence related to credit for time served — one dated August 14, 2014 and rendered that same day, the other dated September 4 and also rendered that same day — one of which appears to accord Rocha credit for all of the time he had served prior to his latest plea,1 we dismiss this appeal without prejudice to allow Rocha to seek a belated appeal of the order which he claims to be in error and to attach a copy of that order to his notice of appeal.
Dismissed without prejudice.