Rivero v. State

District Court of Appeal of Florida

Rivero v. State

964 So. 2d 821, 2007 Fla. App. LEXIS 14569, 2007 WL 2710768

Procedural entryThis page is a short order in Rivero v. State. Read the opinion of the Court — 2010 Fla. App. LEXIS 7610 →

District Court of Appeal of Florida·Decided September 19, 2007·No. No. 3D06-2353·Published

Opinion

SUAREZ, J.

Kevin Rivero appeals from an order denying his petition for relief pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Rivero did not file his notice of appeal until September 19, 2006, which was beyond the thirty-day time limit for appeal. The defendant does not address the timeliness of the appeal but only the merits. Therefore, we dismiss the appeal without prejudice to the petitioner to seek a belated appeal of the order denying the 3.850 motion pursuant to Florida Rule of Appellate Procedure 9.141(c).

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SUAREZ, J.

Kevin Rivero appeals from an order denying his petition for relief pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Rivero did not file his notice of appeal until September 19, 2006, which was beyond the thirty-day time limit for appeal. The defendant does not address the timeliness of the appeal but only the merits. Therefore, we dismiss the appeal without prejudice to the petitioner to seek a belated appeal of the order denying the 3.850 motion pursuant to Florida Rule of Appellate Procedure 9.141(c).

Rivero v. State, 964 So. 2d 821, 2007 Fla. App. LEXIS 14569, 2007 WL 2710768 (Fla. Ct. App. 2007).

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