JOSE MARTIN LOPEZ
v.
STATE OF FLORIDA
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An order denying permission to file a manifest injustice claim under Rule 3.850 is not a final, appealable order.
[1] An order denying a defendant's request for permission to file a postconviction motion based on manifest injustice under Florida Rule of Criminal Procedure 3.850 is not a…
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Join FLexlaw to unlock all legal intelligenceJose Martin Lopez was sentenced in 2010 following a nolo contendere plea and did not file a direct appeal. He appealed the postconviction court's summ…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOSE MARTIN LOPEZ,
Appellant,
v. Case No. 5D20-1006
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 24, 2020
3.850 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge.
Jose Martin Lopez, Clermont, pro se.
No Appearance for Appellee.
PER CURIAM.
Jose Martin Lopez appeals the postconviction court’s summary denial of his motion requesting that the court enter an order “permitting the filing of a claim of manifest injustice” under Florida Rule of Criminal Procedure 3.850.1 Lopez did not contemporaneously file a rule 3.850 motion for postconviction relief based on “manifest injustice,” nor does our record show that he has subsequently filed such a motion.
DISMISSED.
LAMBERT, HARRIS, and SASSO, JJ., concur.