Smith v. State

Full title: Ahmad J. SMITH, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Sep 30, 2009

17 So. 3d 764 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D09-2540.

July 31, 2009. Rehearing Denied September 30, 2009.

An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge.

Jean Marie Downing of Downing Law Offices, P.A., Panama City Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

DISMISSED. See Fla.R.Crim.P. 3.050 (excepting the time for making a motion for new trial from the scope of the trial court's general authority to grant extensions of time); Denard v. State, 410 So.2d 976 (Fla. 5th DCA 1982) (an untimely motion for new trial does not postpone rendition of the underlying judgment and sentence).

BARFIELD, ALLEN, and DAVIS, JJ., concur.