Mincey v. State

David MINCEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 10, 2001.

District Court of Appeal of Florida · decided 2001-07-10

Cited by 4 later decisions — most recently October 2004

4 state decisions

Relies on Griffis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-10

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¶1Davis Mincey, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, for appellee.

¶3PER CURIAM.

¶4This appeal is dismissed for lack of jurisdiction. There is no authority for filing a motion for rehearing of an order disposing of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Griffis v. State,593 So.2d 308 (Fla. 1st DCA 1992). The motion for rehearing filed below did not toll the time for filing a notice of appeal. Because the notice of appeal was filed on March 14, 2001, it was untimely to seek review of the January 29, 2001, order. Fla. R.App. P. 9.110(b). Accordingly, this court lacks jurisdiction to consider this appeal.

¶5DISMISSED.

¶6BARFIELD, DAVIS and LEWIS, JJ., concur.