ROBERT LOWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1971-01-08
No. 70-735
HOBSON, J., concurs., MANN, J., concurs in the result.
242 So. 2d 750 Florida District Court of Appeal, Second District (1971) Caution
Cited by 1 case
Topics
Appealable Order Jail Credit Appellate Jurisdiction

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Opinion of the Court
PIERCE, Chief Judge.

PIERCE, Chief Judge.

Appellant Robert Lowman purports to appeal to this Court from an order entered by the Polk County Criminal Court of Record on September 11, 1970, denying his previously filed motion in said Court entitled “Motion for Jail Time In Mitigation Form”, which we construe to be a motion for an order granting jail time credit.

While no motion has been made to dismiss the appeal in this Court, it remains our duty to do so when it appears that we have no appellate jurisdiction in the case either because the appeal is from a nonap-pealable order or otherwise. We hold here that the attempted appeal by Lowman was from a non-appealable order. The case of James v. State, Fla.App. 1969, 226 So.2d 468, decided by this Court on September 19, 1969, is directly in point. In that case there was an attempted appeal on the part of James from an order denying a “Motion For An Order Granting Jail Time Credit”, and we dismissed the appeal ex mero motu as being impermissible under either F.S. § 924.06, F.S.A. or CrPR 1.850, 33 F.S.A.

Upon authority therefore of James v. State, supra, the appeal in the instant case is—

Dismissed ex mero motu.

HOBSON, J., concurs.

MANN, J., concurs in the result.

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  • Artis Scarborough v. State, 278 So. 2d 657 (Fla. 2d DCA 1973)
    …15 So. 2d 617; Fuller v. Wainwright, Fla. 1970, 238 So. 2d 65. For his contention that he was psychologically coerced by his attorney to enter his plea of guilty, appellant cites Brumley v. State, Fla.App., 224 So. 2d 447; Davis v. State, Fla.App., 242 So. 2d 750, and Cooley v. State, Fla.App., 245 So. 2d 679. In those cases the appellate court indicated that the record did not affirmatively refute the allegations. In the case sub judice, however, the record shows that appellant specifically denied that anyo…

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