Public-domain · open source
OpenJurist

972 So. 2d 1043

Docket No. 1D07-5768.

Guidry v. State

Steven B. GUIDRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 23, 2008.

District Court of Appeal of Florida · decided 2008-01-23

Cited by 2 later decisions — most recently April 2010

2 state decisions

Relies on 845 So. 2d 259 - Bailey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-01-23

View the full empirical analysis of this case →

¶1Jack Behr, Public Defender, and James W. Tongue, Assistant Public Defender, Shalimar, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Because the notice of appeal was not timely filed, we are constrained to dismiss this appeal for lack of jurisdiction. Although the trial court entered an order purporting to grant appellant leave to pursue a belated appeal, jurisdiction to entertain a request for belated appeal lies with the appropriate appellate court, rather than the trial court. See Bailey v. State,845 So.2d 259 (Fla. 2d DCA 2003); Fla. *1044 R.App. P. 9.141(c)(2). Our dismissal of this appeal is without prejudice to appellant's right to seek a belated appeal by filing a proper petition with this court in accordance with Florida Rule of Appellate Procedure 9.141(c).

¶5APPEAL DISMISSED.

¶6ALLEN, VAN NORTWICK, and LEWIS, JJ., concur.

/972/so2d/1043 · .json · Public domain