Arnaldo Lugo-Fernandez v. State of Florida
This text of Arnaldo Lugo-Fernandez v. State of Florida (Arnaldo Lugo-Fernandez v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed February 4, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0702 Lower Tribunal No. F04-29546 ________________
Arnaldo Lugo-Fernandez, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ramiro Areces, Judge.
Arnaldo Lugo-Fernandez, in proper person.
James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for appellee.
Before FERNANDEZ, LINDSEY, and BOKOR, JJ.
PER CURIAM. We dismiss the instant appeal because the notice of appeal was filed
more than thirty (30) days following rendition of the court’s Order Striking and
Dismissing Defendant’s Motion to Correct Sentencing Error. See Fla. R.
App. P. 9.140(b)(3) (“The defendant must file the notice prescribed by rule
9.110(d) with the clerk of the lower tribunal at any time between rendition of
a final judgment and 30 days following rendition of a written order imposing
sentence.”).
Here the Notice of Appeal was filed more than 63 days after it was due.
The Order being appealed was rendered on January 7, 2025, and furnished
to Appellant on January 8, 2025. Thus, the deadline for filing the Notice of
Appeal was on February 7, 2025.
As such, we are compelled to dismiss this appeal as untimely.
Dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Arnaldo Lugo-Fernandez v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnaldo-lugo-fernandez-v-state-of-florida-fladistctapp-2026.