EUGENE KOLEK v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: March 22, 2024
• Docket: 23-2484
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D23-2484 Lower Tribunal No. 22-MM-604 _____________________________

EUGENE KOLEK,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

Appeal from the County Court for Highlands County. Anthony L. Ritenour, Judge.

March 22, 2024

STARGEL, J.

Appellant, Eugene Kolek, appeals the judgment and sentence adjudicating

him guilty of two counts of battery and sentencing him to one year in jail on each

count to run consecutively. Because Appellant does not raise, nor do we find, any

issue with his judgment and sentence, we affirm.

Appellant also contests the trial court’s post-judgment restitution order,

entered after he appealed. We lack jurisdiction to consider Appellant’s argument,

given his failure to appeal this order. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower

tribunal within 30 days of rendition of the order to be reviewed . . . .”); see also

Heming v. State, 48 Fla. L. Weekly D162 (Fla. 1st DCA Jan. 18, 2023); Okashah v.

State, 240 So. 3d 904, 905 (Fla. 1st DCA 2018); Studnicka v. State, 679 So. 2d 819,

822 (Fla. 3d DCA 1996). Accordingly, we dismiss this portion of the appeal.

AFFIRMED IN PART; DISMISSED IN PART.

TRAVER, C.J., and BROWNLEE, J., concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Jonathan S. Tannen, Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED