TIMOTHY HUTCHINSON
v.
STATE OF FLORIDA
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An untimely appeal from a postconviction motion order must be dismissed, with the proper remedy being a petition for belated appeal when the order was not received until after the appeal deadline expired.
[1] When a trial court's order on a postconviction motion is not received by a defendant until after the time to appeal has expired, a petition for belated appeal is the appr…
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Join FLexlaw to unlock all legal intelligenceTimothy Hutchinson, proceeding pro se, filed an appeal from a circuit court order on a postconviction motion. The appeal was untimely filed.…
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December 18, 2018 PER CURIAM.
DISMISSED. See Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013) (dismissing untimely appeal where appellant argued prison officials prevented him from timely filing appeal); Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000) (explaining that petition for belated appeal is proper avenue for relief where order on postconviction motion was not received until after time to appeal had expired).
ROBERTS, RAY, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Timothy Hutchinson, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)
- Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013)