Marvin I. Silver v. State

District Court of Appeal of Florida

Marvin I. Silver v. State

162 So. 3d 128, 2014 Fla. App. LEXIS 19370, 2014 WL 6674783

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 2014

Docket4D14-3815

StatusPublished

This text of 162 So. 3d 128 (Marvin I. Silver 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

Marvin I. Silver v. State, 162 So. 3d 128, 2014 Fla. App. LEXIS 19370, 2014 WL 6674783 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Petitioner seeks a belated appeal of an order denying his motion for postconviction relief. We deny the petition. The time for filing an appeal expired thirty days after his motion for rehearing was deemed denied pursuant to the provisions of Florida Rule of Criminal Procedure 3.850(j). Petitioner has not shown any ground beyond petitioner’s control as to why he could not have filed an appeal within that time.

The trial court denied the motion for postconviction relief on June 4, 2014. Petitioner filed a timely motion for rehearing on June 16, 2014. Rule 3.850(j), effective July 1, 2013, changed the time limits for disposing of a motion for rehearing of a postconviction relief motion: “The trial court’s order disposing of the motion for rehearing shall be filed ... not later than 40 days from the date of the order of which rehearing is sought. If no order is filed within 40 days, the motion is *129 deemed denied.” (Emphasis added.) Thus, when the trial court did not rule, the motion for rehearing was deemed denied on July 14, 2014, forty days after the trial court’s order denying his Rule 8.850 motion. This rendered the order final for appellate purposes. See Fla. R. App. P. 9.020(i). The thirty-day appeal time ran from that date and expired on August 13, 2014. Petitioner has provided no circumstances beyond his control or that otherwise interfered with his ability to file a timely appeal by that date. See Fla. R. App. P. 9.141(c)(4)(F)(ii).

Petition denied.

WARNER, TAYLOR and CIKLIN, JJ., concur.

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PER CURIAM.

Petitioner seeks a belated appeal of an order denying his motion for postconviction relief. We deny the petition. The time for filing an appeal expired thirty days after his motion for rehearing was deemed denied pursuant to the provisions of Florida Rule of Criminal Procedure 3.850(j). Petitioner has not shown any ground beyond petitioner’s control as to why he could not have filed an appeal within that time.

The trial court denied the motion for postconviction relief on June 4, 2014. Petitioner filed a timely motion for rehearing on June 16, 2014. Rule 3.850(j), effective July 1, 2013, changed the time limits for disposing of a motion for rehearing of a postconviction relief motion: “The trial court’s order disposing of the motion for rehearing shall be filed ... not later than 40 days from the date of the order of which rehearing is sought. If no order is filed within 40 days, the motion is *129 deemed denied.” (Emphasis added.) Thus, when the trial court did not rule, the motion for rehearing was deemed denied on July 14, 2014, forty days after the trial court’s order denying his Rule 8.850 motion. This rendered the order final for appellate purposes. See Fla. R. App. P. 9.020(i). The thirty-day appeal time ran from that date and expired on August 13, 2014. Petitioner has provided no circumstances beyond his control or that otherwise interfered with his ability to file a timely appeal by that date. See Fla. R. App. P. 9.141(c)(4)(F)(ii).

Petition denied.

WARNER, TAYLOR and CIKLIN, JJ., concur.

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Bluebook (online)

162 So. 3d 128, 2014 Fla. App. LEXIS 19370, 2014 WL 6674783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvin-i-silver-v-state-fladistctapp-2014.