Montanez v. State

Full title: RICARDO MONTANEZ, Appellant v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 21, 2000

760 So. 2d 298 (Fla. Dist. Ct. App. 2000)

Opinion

Nos. 3D00-1040, 3D00-1022.

Opinion filed June 21, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Manuel A. Crespo, Judge; L.T. No. 90-45911.

Ricardo Montanez, in proper person.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, GREEN and SORONDO, JJ.

PER CURIAM.

By sworn petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), Ricardo Montanez asserts that he failed to timely receive a copy of the order which denied his motion for correction of illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The record reflects and the state acknowledges that his appeal was timely filed within thirty days of the rendition of the order denying the motion. Accordingly, we deny the petition for belated appeal as the appeal is in fact timely.

On the merits of the substantive issues raised by Montanez in the appeal, we affirm on the authority of Montanez v. State, 746 So.2d 1141 (Fla. 3d DCA 1999).

Affirmed.