Winbush v. State

District Court of Appeal of Florida

Winbush v. State

906 So. 2d 321, 2005 Fla. App. LEXIS 10451, 2005 WL 1544783

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 2005

DocketNo. 1D05-2079

StatusPublished

Cited by1 cases

This text of 906 So. 2d 321 (Winbush 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.

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Winbush v. State, 906 So. 2d 321, 2005 Fla. App. LEXIS 10451, 2005 WL 1544783 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Having considered the appellant’s response to this Court’s order, dated May 12, 2005, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 8, 2005, appealing the Order on the appellant’s postconviction motion, entered on March 4, 2005, is untimely. Because the notice of appeal was filed more than 80 days after rendition of the order and the untimely motion for rehearing did not delay rendition, this Court is without appellate jurisdiction. See Fla. R.App.9.110(b); Fla. R.Crim. P. 3.850(g).

ALLEN, WOLF and BENTON, JJ., concur.

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PER CURIAM.

Having considered the appellant’s response to this Court’s order, dated May 12, 2005, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 8, 2005, appealing the Order on the appellant’s postconviction motion, entered on March 4, 2005, is untimely. Because the notice of appeal was filed more than 80 days after rendition of the order and the untimely motion for rehearing did not delay rendition, this Court is without appellate jurisdiction. See Fla. R.App.9.110(b); Fla. R.Crim. P. 3.850(g).

ALLEN, WOLF and BENTON, JJ., concur.

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906 So. 2d 321, 2005 Fla. App. LEXIS 10451, 2005 WL 1544783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winbush-v-state-fladistctapp-2005.

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