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Mott v. State

District Court of Appeal of Florida, Third District
Feb 19, 1991
574 So. 2d 310 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2508.

February 19, 1991.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Federico A. Moreno, Judge.

Erick Mott, in pro. per.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.


This pro se appeal was filed 192 days late and, in fact, was not filed until 43 days after the appellant admits receipt of the order appealed. Therefore, we dismiss it pursuant to Wells v. State, 38 So.2d 464 (Fla. 1949); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Harrell v. Wainwright, 268 So.2d 184 (Fla. 2d DCA 1972); see also Dibble v. Dibble, 377 So.2d 1001 (Fla. 3d DCA 1979); Finley v. State, 168 So.2d 201 (Fla. 2d DCA 1964). However, we have also examined it as to the merits and find it to be nonmeritorious. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Swafford v. Dugger, 569 So.2d 1264 (Fla. 1990); Jackson v. State, 452 So.2d 533 (Fla. 1984); Grant v. State, 390 So.2d 341 (Fla. 1980); Anderson v. State, 467 So.2d 781 (Fla. 3d DCA 1985).


Summaries of

Mott v. State

District Court of Appeal of Florida, Third District
Feb 19, 1991
574 So. 2d 310 (Fla. Dist. Ct. App. 1991)
Case details for

Mott v. State

Case Details

Full title:ERICK MOTT, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 19, 1991

Citations

574 So. 2d 310 (Fla. Dist. Ct. App. 1991)