From Casetext: Smarter Legal Research

Gunn v. State

District Court of Appeal of Florida, Fourth District
Dec 23, 1998
721 So. 2d 1251 (Fla. Dist. Ct. App. 1998)

Summary

holding "trial court did not have jurisdiction to extend the time within which appellant could file his notice of appeal

Summary of this case from Delhall v. State

Opinion

No. 98-2888.

December 23, 1998.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon M. Schapiro, Judge; L.T. Case No. 90-20848CF10.

Dexter Gunn, Belle Glade, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.


Appellant appeals the summary denial of his motion to correct illegal sentence. The trial court did not have jurisdiction to extend the time within which appellant could file his notice of appeal, even though appellant claimed that the order of denial did not reach him within the thirty-day period after entry of the order of denial. However, this court has the jurisdiction to grant a belated appeal, see Fla.R.App.P. 9.140(j)(1), and on consideration of appellant's sworn petition for belated appeal filed with this court and the state's concession that it could not show why appellant's petition for belated appeal should not be granted, we grant the belated appeal and affirm.

STONE, C.J., GROSS, J., and OWEN, WILLIAM C, Jr., Senior Judge, concur.


Summaries of

Gunn v. State

District Court of Appeal of Florida, Fourth District
Dec 23, 1998
721 So. 2d 1251 (Fla. Dist. Ct. App. 1998)

holding "trial court did not have jurisdiction to extend the time within which appellant could file his notice of appeal

Summary of this case from Delhall v. State
Case details for

Gunn v. State

Case Details

Full title:Dexter GUNN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 23, 1998

Citations

721 So. 2d 1251 (Fla. Dist. Ct. App. 1998)

Citing Cases

Delhall v. State

While this court has the authority under appropriate circumstances to grant a belated appeal in a criminal…