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Phillips v. State

938 So. 2d 639, 2006 Fla. App. LEXIS 16625, 2006 WL 2844429
District Court of Appeal of Florida·Decided October 6, 2006·No. No. 5D06-2566·Published·Cited by 1 cases

Opinion

PER CURIAM.

Kevin Phillips appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. This Court issued an order to show cause because Mr. Phillips’s notice of appeal was untimely. Mr. Phillips responded that the delay was caused “due to [the] prison mail system,” although he offers nothing to substantiate that claim. This appeal must be dismissed as untimely. However, this dismissal is without prejudice to file a petition for belated appeal in compliance with Florida Rule of Appellate Procedure 9.141(c).

DISMISSED WITHOUT PREJUDICE.

PALMER, ORFINGER and TORPY, JJ., concur.

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Phillips v. State, 938 So. 2d 639, 2006 Fla. App. LEXIS 16625, 2006 WL 2844429 (Fla. Ct. App. 2006).

938 So. 2d 639 (Phillips v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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