Summary
holding that because the motion for rehearing filed in the 3.800 proceeding did not toll the time for filing a notice of appeal, the appeal would be dismissed as untimely
Summary of this case from Amend. to Florida Rules of Crim. ProcedureOpinion
Case No. 1D01-1963
Opinion filed July 10, 2001.
An appeal from an order of the Circuit Court for Duval County. Charles W. Arnold, Judge.
Davis Mincey, pro se, appellant.
Robert A. Butterworth, Attorney General, Tallahassee, for appellee.
This appeal is dismissed for lack of jurisdiction. There is no authority for filing a motion for rehearing of an order disposing of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800.Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992). The motion for rehearing filed below did not toll the time for filing a notice of appeal. Because the notice of appeal was filed on March 14, 2001, it was untimely to seek review of the January 29, 2001, order. Fla.R.App.P. 9.110(b). Accordingly, this court lacks jurisdiction to consider this appeal.
DISMISSED.
BARFIELD, DAVIS and LEWIS, JJ., concur.