Brian Keith Carsten v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: September 2, 2021
• Docket: 21-1623
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D21-1623 _____________________________

BRIAN KEITH CARSTEN,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for Belated Appeal—Original Jurisdiction.

September 2, 2021

PER CURIAM.

Petitioner seeks belated appeal of a July 27, 2020, order denying a postconviction motion. Because Petitioner’s motion for rehearing was not timely filed, it did not delay rendition of the July 27, 2020, order. See Fla. R. Crim. Pro. 3.850(j). Accordingly, the Court denies the petition for belated appeal on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”).

LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Brian Keith Carsten, pro se, Petitioner.

Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Respondent.