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dismissing appeal of order denying Rule 3.800 motion as untimely since postdenial motion did not toll time to appeal
Summary of this case from Mathis v. StateOpinion
No. 94-238.
May 20, 1994. Rehearing Denied August 3, 1994.
3.800 Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.
Michael Allen Kosek, in pro. per.
No appearance for appellee.
We dismiss this appeal of the denial of Michael A. Kosek's motion pursuant to Florida Rule of Criminal Procedure 3.800. His post-denial motions did not toll the time for filing his appeal and he did so untimely. Ketion v. State, 599 So.2d 282 (Fla. 1st DCA 1992); Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992); Newman v. State, 610 So.2d 455 (Fla. 4th DCA 1992).
DISMISSED.
HARRIS, C.J., and PETERSON and DIAMANTIS, JJ., concur.