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Mincey v. State

District Court of Appeal of Florida, First District
Jul 10, 2001
789 So. 2d 492 (Fla. Dist. Ct. App. 2001)

Summary

holding that because the motion for rehearing filed in the 3.800 proceeding did not toll the time for filing a notice of appeal, the appeal would be dismissed as untimely

Summary of this case from Amend. to Florida Rules of Crim. Procedure

Opinion

Case No. 1D01-1963

Opinion filed July 10, 2001.

An appeal from an order of the Circuit Court for Duval County. Charles W. Arnold, Judge.

Davis Mincey, pro se, appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for appellee.


This appeal is dismissed for lack of jurisdiction. There is no authority for filing a motion for rehearing of an order disposing of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800.Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992). The motion for rehearing filed below did not toll the time for filing a notice of appeal. Because the notice of appeal was filed on March 14, 2001, it was untimely to seek review of the January 29, 2001, order. Fla.R.App.P. 9.110(b). Accordingly, this court lacks jurisdiction to consider this appeal.

DISMISSED.

BARFIELD, DAVIS and LEWIS, JJ., concur.


Summaries of

Mincey v. State

District Court of Appeal of Florida, First District
Jul 10, 2001
789 So. 2d 492 (Fla. Dist. Ct. App. 2001)

holding that because the motion for rehearing filed in the 3.800 proceeding did not toll the time for filing a notice of appeal, the appeal would be dismissed as untimely

Summary of this case from Amend. to Florida Rules of Crim. Procedure

In Mincey v. State, 789 So.2d 492 (Fla. 1st DCA 2001), the appeal was dismissed because an unauthorized motion for rehearing did not toll the time for filing a notice of appeal. See also Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992).

Summary of this case from Bridges v. State
Case details for

Mincey v. State

Case Details

Full title:DAVID MINCEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 10, 2001

Citations

789 So. 2d 492 (Fla. Dist. Ct. App. 2001)

Citing Cases

State v. McBride

Id. at 455. Pro se defendants who are ignorant of the fact that rule 3.800 does not authorize a motion for…

Marion v. State

The petition for writ of mandamus is hereby denied. See Mincey v. State, 789 So.2d 492 (Fla. 1st DCA 2001);…