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Rivero v. State

District Court of Appeal of Florida, Third District
Sep 19, 2007
964 So. 2d 821 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D06-2353.

September 19, 2007.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, David H. Young, Judge.

Kevin Rivero, in proper person.

Bill McCollum, Attorney General, and Juliet S. Fattel, Assistant Attorney General, for appellee.

Before GREEN, WELLS, and SUAREZ, JJ.


Kevin Rivero appeals from an order denying his petition for relief pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Rivero did not file his notice of appeal until September 19, 2006, which was beyond the thirty-day time limit for appeal. The defendant does not address the timeliness of the appeal but only the merits. Therefore, we dismiss the appeal without prejudice to the petitioner to seek a belated appeal of the order denying the 3.850 motion pursuant to Florida Rule of Appellate Procedure 9.141(c).


Summaries of

Rivero v. State

District Court of Appeal of Florida, Third District
Sep 19, 2007
964 So. 2d 821 (Fla. Dist. Ct. App. 2007)
Case details for

Rivero v. State

Case Details

Full title:Kevin RIVERO, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 19, 2007

Citations

964 So. 2d 821 (Fla. Dist. Ct. App. 2007)