IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RICHARD BARNER, III, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-4065 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 6, 2015.

An appeal from an order of the Circuit Court for Bay County.

Brantley Clark, Judge.

Rudolph C. Shepard, Jr., Panama City, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of appellant’s response to the Court’s order of September 3, 2015, the Court has determined that the appeal is untimely with respect to appellant’s July 31, 2015, criminal judgment and sentence. Accordingly, the appeal is dismissed. The dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

OSTERHAUS and WINOKUR, JJ., CONCUR. BENTON, J., DISSENTS.