From Casetext: Smarter Legal Research

Colon-Gonzalez v. State

District Court of Appeal of Florida, Second District.
Apr 26, 2017
227 So. 3d 142 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–3812

04-26-2017

Luis COLON–GONZALEZ, Appellant, v. STATE of Florida, Appellee.


Luis Colon–Gonzalez appeals an order denying his petition seeking an extension of time to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Because such an order is not a final, appealable order, we must dismiss this appeal. See Ham v. State, 36 So.3d 189, 190 (Fla. 2d DCA 2010) ; Manning v. State, 28 So.3d 971, 973 (Fla. 2d DCA 2010). As we did in Ham and Manning, we give Colon–Gonzalez sixty days following the date that this opinion becomes final to file his rule 3.850 motion. Once he files the motion, the postconviction court can determine the issue of timeliness as outlined by case law and can then dispose of the motion on the merits, if appropriate.

Dismissed.

LaROSE and LUCAS, JJ., Concur.


Summaries of

Colon-Gonzalez v. State

District Court of Appeal of Florida, Second District.
Apr 26, 2017
227 So. 3d 142 (Fla. Dist. Ct. App. 2017)
Case details for

Colon-Gonzalez v. State

Case Details

Full title:Luis COLON–GONZALEZ, Appellant, v. STATE of Florida, Appellee.

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

Date published: Apr 26, 2017

Citations

227 So. 3d 142 (Fla. Dist. Ct. App. 2017)