Public-domain · open source
OpenJurist

951 So. 2d 965

Docket No. 1D06-6613.

Smith v. State

Johnnie Sylvester SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-03-13

Cited by 9 later decisions — most recently November 2010

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-13

View the full empirical analysis of this case →

¶1Johnnie Sylvester Smith, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee.

¶3*966 PER CURIAM.

¶4Having considered the appellant's response to this Court's order of January 25, 2007, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on December 20, 2006, appealing the Order on the appellant's postconviction motion, rendered on November 7, 2006, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R.App. P. 9.110(b). This appeal is hereby dismissed, but in light of appellant's claims that he did not timely receive a copy of the order denying his motion, we do so without prejudice to appellant's right to file a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). DISMISSED.

¶5HAWKES, THOMAS, and ROBERTS, JJ., concur.

/951/so2d/965 · .json · Public domain