Opinion
Case No. 3D03-2697.
Opinion filed April 6, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge, Lower Tribunal No. 98-18834.
Stephen Edward Rolle, in proper person.
Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.
Before GERSTEN, FLETCHER, and SUAREZ, JJ.
Defendant, Stephen Rolle, appeals an order denying his Florida Rule of Criminal Procedure 3.850 motion for post conviction relief. The defendant was convicted in 1998 of burglary of an unoccupied dwelling and resisting an officer without violence. This appeal is both successive and time barred. We affirm the trial court's order. This is Stephen Rolle's sixth motion to either correct illegal sentence or for post conviction relief. The trial court summarily denied defendant's present motion ruling that the motion was successive finding that there has been at least one prior denial of the motion for post conviction relief, one denial of a request for a deferred ruling on a successive motion for post conviction relief, and a striking of the defendant's pleadings concerning a successive motion for post conviction relief. We affirm the trial court's order. Additionally, the defendant's appeal is time barred. The defendant filed this appeal more than thirty days after rendition of the trial court's order. The notice of appeal must occur within thirty days of rendition for the order to be reviewed. Florida Rules of Appellate Procedure 9.110(b). This appeal is not timely and is, therefore, time barred.
We find this appeal to be both time barred and barred procedurally as it is successive. We affirm the trial court's order.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.