Florida District Courts of Appeal, 2012

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided June 28, 2012 · Marstiller, Nortwick, Roberts
90 So. 3d 373; 2012 WL 2463954; 2012 Fla. App. LEXIS 10514 (Southern Reporter, Third Series)

Jackson v. State

Opinion of the Court

PER CURIAM.

DISMISSED. Upon consideration of the appellant’s response to the Court’s order of February 7, 2012, as well as the record on appeal, the Court has determined that the notice of appeal failed to *374timely invoke its jurisdiction. Rendition of the appellant’s November 14, 2011, judgment and sentence was delayed by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(1). See Fla. R.App. P. 9.020(h). However, the notice of appeal was filed more than 30 days after rendition of the order denying that motion. Thus, the notice of appeal is untimely, see Florida Rule of Appellate Procedure 9.110(b), and the appeal is accordingly dismissed. The dismissal is without prejudice to the appellant’s right to seek a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

VAN NORTWICK, ROBERTS, and MARSTILLER, JJ., concur.

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