Jefferies v. State

Full title: Monty Jefferies, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jun 28, 2021

No. 1D21-710 (Fla. Dist. Ct. App. Jun. 28, 2021)

Opinion

1D21-710

06-28-2021

Monty Jefferies, Appellant, v. State of Florida, Appellee.

Monty Jefferies, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Holmes County. Timothy Register, Judge.

Monty Jefferies, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Dismissed. Because the order appealed from is not a final order, this cause is dismissed for lack of jurisdiction. See Lee v. State, 939 So.2d 154, 155 (Fla. 1st DCA 2006) (finding order dismissing rule 3.850 motion without prejudice to be a nonappealable, nonfinal order). Appellant's motion, docketed May 28, 2021, is denied as moot. We also note that the lower tribunal should have granted Appellant 60 days to file an amended motion. See Fla. R. Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P. 3.850(f)(2) ("If the motion is insufficient on its face . . . the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion.").

Makar, Kelsey, and Tanenbaum, JJ., concur.