ROBERT D. WALLACE
v.
STATE OF FLORIDA
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An appeal from an order denying a motion to correct an illegal sentence is dismissed when the notice of appeal is filed beyond the 30-day deadline prescribed by Fla. R. App. P. 9.140(b)(3).
[1] A notice of appeal from an order denying a motion to correct an illegal sentence must be filed within 30 days of the order to invoke appellate jurisdiction; untimely fili…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a motion to correct an illegal sentence with the trial court on March 5, 2019. Appellant then filed his notice of appeal on April 5, 2…
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Appellant seeks review of an order denying a motion to correct illegal sentence rendered by filing with the clerk of the lower tribunal on March 5, 2019. Fla. R. App. P. 9.020(h). The notice of appeal, filed on April 5, 2019, failed to invoke the Court’s jurisdiction in a timely manner. Fla. R. App. P. 9.140(b)(3). Accordingly, the appeal is dismissed. Any request for belated appeal must be filed pursuant to Florida Rule of Appellate Procedure 9.141(c).
ROWE, JAY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Robert D. Wallace, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.