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660 So. 2d 1177

Ellis v. State

District Court of Appeal of Florida

Decided September 29, 1995

District Court of Appeal of Florida · decided 1995-09-29

Cited by 2 later decisions — most recently July 2015

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1995-09-29

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PETERSON, Chief Judge.

¶1Deorick Todd Ellis appeals the denial of his rule 8.800 motion to correct an illegal sentence. We dismiss his appeal for lack of jurisdiction.

¶2On April 25, 1995, the trial court denied Ellis’ 3.800 motion, but, on July 3, 1995, Ellis filed a motion to withdraw the very same 3.800 motion. The motion to withdraw was granted on July 7,1995 and rendered on July 11, 1995. Perhaps out of an abundance of caution, Ellis signed a notice of appeal on July 11, but it was not filed until July 17.

¶3We lack jurisdiction for one of two reasons. The appeal of the April 25 denial was untimely or the trial court’s grant of the motion to withdraw has left nothing to appeal.

¶4APPEAL DISMISSED.

W. SHARP and THOMPSON, JJ., concur.
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