Edgecomb v. State

District Court of Appeal of Florida

Edgecomb v. State

588 So. 2d 238, 1991 Fla. App. LEXIS 7234, 1991 WL 138152

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1991

DocketNo. 91-1202

StatusPublished

This text of 588 So. 2d 238 (Edgecomb v. State) 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.

Bluebook

Edgecomb v. State, 588 So. 2d 238, 1991 Fla. App. LEXIS 7234, 1991 WL 138152 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Upon the court’s own motion, we dismiss this appeal.

Appellant filed a motion for post-conviction relief in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. Appellant filed a notice of appeal. Since the appeal was pursuant to Florida Rule of Appellate Procedure 9.140(g), we received a copy of the record almost immediately after the notice of appeal was filed. Upon review of the record, we discovered the record contained no copy of an order denying appellant’s motion for post-conviction relief. We issued an order to show cause why the appeal should not be dismissed for lack of jurisdiction. Appellant has not responded to the order to show cause.

Absent a written order, appellant cannot appeal. Owens v. State, 579 So.2d 311 (Fla. 1st DCA 1991). As in Owens, we do not believe that Williams v. State, 324 So.2d 74 (Fla.1975) is an impediment to dismissal. Since this appeal involves post-conviction relief, appellant obviously did not file his notice of appeal prematurely for the purpose of triggering his right to release on bond. A prematurely filed notice of appeal can be dismissed if the appeal involves post-conviction relief. Any statement in Williams which would suggest a contrary result is dicta.

Accordingly, we hereby dismiss this appeal.

JOANOS, C.J., and BOOTH and KAHN, JJ., concur.

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PER CURIAM.

Upon the court’s own motion, we dismiss this appeal.

Appellant filed a motion for post-conviction relief in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. Appellant filed a notice of appeal. Since the appeal was pursuant to Florida Rule of Appellate Procedure 9.140(g), we received a copy of the record almost immediately after the notice of appeal was filed. Upon review of the record, we discovered the record contained no copy of an order denying appellant’s motion for post-conviction relief. We issued an order to show cause why the appeal should not be dismissed for lack of jurisdiction. Appellant has not responded to the order to show cause.

Absent a written order, appellant cannot appeal. Owens v. State, 579 So.2d 311 (Fla. 1st DCA 1991). As in Owens, we do not believe that Williams v. State, 324 So.2d 74 (Fla.1975) is an impediment to dismissal. Since this appeal involves post-conviction relief, appellant obviously did not file his notice of appeal prematurely for the purpose of triggering his right to release on bond. A prematurely filed notice of appeal can be dismissed if the appeal involves post-conviction relief. Any statement in Williams which would suggest a contrary result is dicta.

Accordingly, we hereby dismiss this appeal.

JOANOS, C.J., and BOOTH and KAHN, JJ., concur.

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Bluebook (online)

588 So. 2d 238, 1991 Fla. App. LEXIS 7234, 1991 WL 138152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgecomb-v-state-fladistctapp-1991.

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