BURKS
v.
STATE OF FLORIDA
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An order denying postconviction discovery is not an independently appealable order under Florida Rule of Appellate Procedure 9.140(b)(1).
[1] An order denying postconviction discovery is not an independently appealable final order under Fla. …
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Join FLexlaw to unlock all legal intelligence“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”
The court's sole basis for dismissing the appeal, citing Robinson v. State, 255 So. 3d 907, 907 (Fla. 1st DCA 2018).
Keith Burks appealed a circuit court order denying him postconviction discovery.…
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January 23, 2025 PER CURIAM.
DISMISSED. See Robinson v. State, 255 So. 3d 907, 907 (Fla. 1st DCA 2018) (“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”). B.L. THOMAS, RAY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.