Dawson-Knapp v. State
Dawson-Knapp v. State
Opinion of the Court
The defendant challenges an order rendered August 26, 1994, denying a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The defendant filed a motion for rehearing on September 12, 1994, which was denied by order entered October 19, 1994. Because a motion for rehearing is not authorized by Rule 3.800, the time for filing a notice of appeal was not tolled. Further, the trial court’s erroneous recital that the defendant had “thirty (30) days from the date of [the order denying rehearing] to appeal” did not toll the time for filing a notice of appeal. See Jones v. State, 635 So.2d 989 (Fla. 1st DCA 1994). Therefore, this appeal is untimely and must be dismissed for lack of jurisdiction.
APPEAL DISMISSED.
Reference
- Full Case Name
- Cynthia DAWSON-KNAPP v. STATE of Florida
- Cited By
- 1 case
- Status
- Published