Carsten v. State

Full title: Brian Keith CARSTEN, Petitioner, v. STATE of Florida, Respondent.

Court: District Court of Appeal of Florida, First District.

Date published: Sep 2, 2021

330 So. 3d 973 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D21-1623

09-02-2021

Brian Keith CARSTEN, Petitioner, v. STATE of Florida, Respondent.

Brian Keith Carsten, pro se, Petitioner. Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Brian Keith Carsten, pro se, Petitioner.

Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Petitioner seeks belated appeal of a July 27, 2020, order denying a postconviction motion. Because Petitioner's motion for rehearing was not timely filed, it did not delay rendition of the July 27, 2020, order. See Fla. R. Crim. Pro. 3.850(j). Accordingly, the Court denies the petition for belated appeal on the merits. See Topps v. State , 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that "clearly shows that the issue was considered by the court on the merits" is deemed a decision "which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel").

LEWIS, MAKAR, and BILBREY, JJ., concur.