Barner v. State

District Court of Appeal of Florida

Barner v. State

175 So. 3d 386, 2015 Fla. App. LEXIS 14832, 2015 WL 5810702

District Court of Appeal of Florida·Decided October 6, 2015·No. No. 1D15-4065·Published

Opinion

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.

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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.

Barner v. State, 175 So. 3d 386, 2015 Fla. App. LEXIS 14832, 2015 WL 5810702 (Fla. Ct. App. 2015).

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