From Casetext: Smarter Legal Research

Sage v. State

District Court of Appeal of Florida, Second District.
Jun 21, 2012
97 So. 3d 227 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D12–2682.

2012-06-21

Kevin R. SAGE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).


BY ORDER OF THE COURT.

This appeal is dismissed as untimely. The final order denying postconviction relief was served on the appellant on March 28, 2012. The appellant had 15 days from the date of service, plus 3 additional days for service by mail, to put his motion for rehearing into the hands of corrections officials. The motion for rehearing filed on April 17, 2012, was untimely and was properly dismissed as such by the postconviction court. Therefore, the filing of the motion did not delay rendition of the order, and the filing of the notice of appeal on May 1, 2012, was untimely. See McCoy v. State, 993 So.2d 970 (Fla. 2d DCA 2008); Neal v. State, 915 So.2d 746 (Fla. 5th DCA 2005).

DAVIS, WALLACE, and CRENSHAW, JJ., Concur.


Summaries of

Sage v. State

District Court of Appeal of Florida, Second District.
Jun 21, 2012
97 So. 3d 227 (Fla. Dist. Ct. App. 2012)
Case details for

Sage v. State

Case Details

Full title:Kevin R. SAGE, Appellant/Petitioner(s), v. STATE of Florida…

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

Date published: Jun 21, 2012

Citations

97 So. 3d 227 (Fla. Dist. Ct. App. 2012)