From Casetext: Smarter Legal Research

Ray v. State

District Court of Appeal of Florida, First District.
Jun 13, 2012
89 So. 3d 304 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D12–1156.

2012-06-13

George Leslie RAY, III, Petitioner, v. STATE of Florida, Respondent.

Petition for Belated Appeal—Original Jurisdiction. George Leslie Ray, III, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Respondent.


Petition for Belated Appeal—Original Jurisdiction.
George Leslie Ray, III, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Respondent.
PER CURIAM.

The petition for belated appeal is denied on the merits. In order to be timely, a pleading invoking the court's jurisdiction must be filed within the required time and merely mailing the notice within the required time period is not sufficient. Raysor v. Raysor, 706 So.2d 400 (Fla. 1st DCA 1998); Coca Cola Foods v. Cordero, 589 So.2d 961 (Fla. 1st DCA 1991). Petitioner is not entitled to rely on the “mailbox rule” because there is no showing that petitioner was an inmate at the time the notice of appeal was served. SeeFla. R.App. P. 9.420(a)(2) (providing that a “document filed by a pro se inmate confined in an institution is timely filed if the inmate places the document in the hands of an institution official for mailing on or before the last day for filing”); Haag v. State, 591 So.2d 614 (Fla.1992).

PETITION DENIED.

VAN NORTWICK, THOMAS, and SWANSON, JJ., concur.


Summaries of

Ray v. State

District Court of Appeal of Florida, First District.
Jun 13, 2012
89 So. 3d 304 (Fla. Dist. Ct. App. 2012)
Case details for

Ray v. State

Case Details

Full title:George Leslie RAY, III, Petitioner, v. STATE of Florida, Respondent.

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

Date published: Jun 13, 2012

Citations

89 So. 3d 304 (Fla. Dist. Ct. App. 2012)

Citing Cases

Donaldson v. State

Only prisoners who are confined on the date that the notice of appeal must be filed may take advantage of the…

Donaldson v. State

Only prisoners who are confined on the date that the notice of appeal must be filed may take advantage of the…