Gallon v. State

District Court of Appeal of Florida

Gallon v. State

475 So. 2d 1363, 10 Fla. L. Weekly 2285, 1985 Fla. App. LEXIS 16145

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 1985

DocketNo. 85-1370

StatusPublished

This text of 475 So. 2d 1363 (Gallon 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

Gallon v. State, 475 So. 2d 1363, 10 Fla. L. Weekly 2285, 1985 Fla. App. LEXIS 16145 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

Defendant appeals the denial of his motion for post-conviction relief. The trial judge denied the defendant’s motion on January 29, 1985. The defendant then filed a motion for rehearing on April 25, [1364]*13641985, which was denied on May 21, 1985, as untimely. See rule 3.850(f), Florida Rules of Criminal Procedure. Defendant then filed a notice of appeal to this court on June 19, 1985.

Defendant's appeal would have been timely had the motion for rehearing been timely filed. But since that motion was not timely filed, the appeal time was not extended and the appeal was untimely.

Appeal dismissed.

GRIMES, A.C.J., and SCHEB and LE-HAN, JJ., concur.

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PER CURIAM.

Defendant appeals the denial of his motion for post-conviction relief. The trial judge denied the defendant’s motion on January 29, 1985. The defendant then filed a motion for rehearing on April 25, [1364]*13641985, which was denied on May 21, 1985, as untimely. See rule 3.850(f), Florida Rules of Criminal Procedure. Defendant then filed a notice of appeal to this court on June 19, 1985.

Defendant's appeal would have been timely had the motion for rehearing been timely filed. But since that motion was not timely filed, the appeal time was not extended and the appeal was untimely.

Appeal dismissed.

GRIMES, A.C.J., and SCHEB and LE-HAN, JJ., concur.

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Bluebook (online)

475 So. 2d 1363, 10 Fla. L. Weekly 2285, 1985 Fla. App. LEXIS 16145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallon-v-state-fladistctapp-1985.