FELIX DE LA HOZ v. THE STATE OF FLORIDA

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 23, 2023.

Not final until disposition of timely filed motion for rehearing.

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No. 3D23-966

Lower Tribunal No. F88-21370A

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Felix De La Hoz,

Appellant,

vs.

The State of Florida,

Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Pooler, Judge.

Felix De La Hoz, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, MILLER, and BOKOR, JJ.

PER CURIAM.

Affirmed. See § 775.082(1), Fla. Stat. (1988) (“A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole . . . .”); State v. Ortiz, 79 So. 3d 177, 179 (Fla. 3d DCA 2012) (“[B]ecause the defendant had already served his sentence to completion, the trial court lacked the authority to set it aside because the question became moot.”); Fla. R. Crim. P. 3.850(f)(1) (“If the motion is insufficient on its face, and the time to file a motion under this rule has expired prior to the filing of the motion, the court shall enter a final appealable order summarily denying the motion with prejudice.”).