JOSE MARTIN LOPEZ
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-07-24
No. 20-1006
O'Kane, J., Lambert, J., Harris, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

An order denying permission to file a manifest injustice claim under Rule 3.850 is not a final, appealable order.


Headnotes

[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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Facts & Procedural History

Jose 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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Opinion of the Court
Sasso

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.

Footnotes
1 Lopez was sentenced by the circuit court in 2010 following a nolo contendere plea. He did not file a direct appeal.
2 Because the order being appealed is not a final, appealable order for review, see Ham v. State, 36 So. 3d 189, 190 (Fla. 2d DCA 2010), this appeal is dismissed.

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