Public-domain · open source
OpenJurist

364 So. 2d 523

Docket No. 78-537.

Guzman v. State

Fernando GUZMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 15, 1978.

District Court of Appeal of Florida · decided 1978-11-15

Cited by 8 later decisions — most recently July 2016

8 state decisions

Relies on Kurz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-11-15

View the full empirical analysis of this case →

¶1Jack O. Johnson, Public Defender, Bartow, and Karal B. Rushing, Asst. Public Defender, Tampa, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant filed his notice of appeal in this case on March 3, 1978, more than thirty days past January 9, 1978, the date upon which the trial court filed its judgment and sentence. Accordingly we must dismiss this appeal as untimely. Fla.R. App.P. 9.140(b)(2); Kurz v. State,303 So.2d 431 (Fla. 2d DCA 1974).

¶5We note that following the filing of the judgment and sentence, appellant filed a motion for reconsideration of sentence. However, this fact does not change our decision because a motion for reconsideration of sentence is not one of those motions which tolls the running of the appeal time. See Fla.R.App.P. 9.020(g).

¶6HOBSON, Acting C.J., and SCHEB and DANAHY, JJ., concur.

/364/so2d/523 · .json · Public domain