Layne v. State

Full title: JOHN BRADY LAYNE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 11, 2004

867 So. 2d 1221 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D04-0182.

Opinion filed March 11, 2004.

An appeal from an order of the Circuit Court for Escambia County, Nickolas P. Geeker, Judge.

John Brady Layne, pro se, appellant.

Charlie Crist, Attorney General, Tallahassee, for appellee.

PER CURIAM.

Upon consideration of appellant's response to the court's order of January 20, 2004, the court has determined that the notice of appeal was not timely filed because the motion for reconsideration did not toll the time for filing a notice of appeal of the order denying appellant's 3.800(a) motion. See Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992). The appeal is hereby dismissed.

DISMISSED.

BARFIELD, KAHN and HAWKES, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.