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779 So. 2d 492

Hunter v. State

District Court of Appeal of Florida

Decided November 29, 2000

District Court of Appeal of Florida · decided 2000-11-29

Cited by 18 later decisions — most recently July 2015

18 state decisions

Relies on Diaz v. State · 778 So. 2d 302 - Demaria v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-11-29

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PER CURIAM.

¶1This appeal from an order denying appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is dismissed for lack of jurisdiction due to counsel’s untimely filing of the notice of appeal. See Demaria v. State, 778 So.2d 302 (Fla. 2d DCA 2000). However, we certify to the Supreme Court of Florida the same question that this court certified in Diaz v. State, 724 So.2d 595, 596 (Fla. 2d DCA 1998), with the following modifications:

DOES THE HOLDING IN LAMBRIX V STATE, 698 SO. 2D 247 (FLA.1996), WHEN CONSIDERED IN LIGHT OF THE SUPREME COURT OF FLORIDA’S PRONOUNCEMENT IN STEELE V. KEHOE, 747 SO. 2D 931 (FLA.1999), FORECLOSE THE PROVISION OF A BELATED APPEAL FROM THE DENIAL OF A POST-CONVICTION MOTION WHEN THE NOTICE OF APPEAL WAS NOT TIMELY FILED DUE TO THE INEFFECTIVENESS OF COUNSEL IN THE COLLATERAL PROCEEDING?

¶2Appeal dismissed; question certified.

THREADGILL, A.C.J., and FULMER and GREEN, JJ., Concur.
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