From Casetext: Smarter Legal Research

Lopez v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 24, 2020
325 So. 3d 926 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D20-1006

07-24-2020

Jose Martin LOPEZ, Appellant, v. STATE of Florida, Appellee.

Jose Martin Lopez, Clermont, pro se. No Appearance for Appellee.


Jose Martin Lopez, Clermont, pro se.

No Appearance for Appellee.

PER CURIAM.

Jose Martin Lopez appeals the postconviction court's summary denial of his motion requesting that the court enter an order "permitting the filing of a claim of manifest injustice" under Florida Rule of Criminal Procedure 3.850. Lopez did not contemporaneously file a rule 3.850 motion for postconviction relief based on "manifest injustice," nor does our record show that he has subsequently filed such a motion. Because the order being appealed is not a final, appealable order for review, see Ham v. State , 36 So. 3d 189, 190 (Fla. 2d DCA 2010), this appeal is dismissed.

Lopez was sentenced by the circuit court in 2010 following a nolo contendere plea. He did not file a direct appeal.

DISMISSED.

LAMBERT, HARRIS, and SASSO, JJ., concur.


Summaries of

Lopez v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 24, 2020
325 So. 3d 926 (Fla. Dist. Ct. App. 2020)
Case details for

Lopez v. State

Case Details

Full title:JOSE MARTIN LOPEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 24, 2020

Citations

325 So. 3d 926 (Fla. Dist. Ct. App. 2020)