Florida District Courts of Appeal, 2006

Phillips v. State

Florida District Courts of Appeal · Decided October 6, 2006 · Orfinger, Palmer, Torpy

938 So. 2d 639; 2006 Fla. App. LEXIS 16625; 2006 WL 2844429 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Johnson v. State (Fla. Dist. Ct. App. 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Kevin Phillips appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. This Court issued an order to show cause because Mr. Phillips’s notice of appeal was untimely. Mr. Phillips responded that the delay was caused “due to [the] prison mail system,” although he offers nothing to substantiate that claim. This appeal must be dismissed as untimely. However, this dismissal is without prejudice to file a petition for belated appeal in compliance with Florida Rule of Appellate Procedure 9.141(c).

DISMISSED WITHOUT PREJUDICE.

PALMER, ORFINGER and TORPY, JJ., concur.

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