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Vazquez v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
May 13, 2020
294 So. 3d 461 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D20-1098

05-13-2020

Jason James VAZQUEZ, Appellant, v. STATE of Florida, Appellee.

Bruce A. Miller, Public Defender, and Bradley Herrington Rowe, Assistant Public Defender, Pensacola, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Bruce A. Miller, Public Defender, and Bradley Herrington Rowe, Assistant Public Defender, Pensacola, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Because the notice of appeal in this case was filed more than 30 days after rendition of the written judgment and sentence by the lower court, this Court lacks jurisdiction over this appeal and is constrained to dismiss. See Fla. R. App. P. 9.140(b)(1)(A), (b)(3) (providing that the time for filing a notice of direct appeal from "a final judgment adjudicating guilt" is "between rendition of a final judgment and 30 days following rendition of a written order imposing sentence"); Jones v. State , 78 So. 3d 706, 709 (Fla. 1st DCA 2012) (noting that the prescribed time under rule 9.140(b)(3) is jurisdictional). Appellant's remedy is to file a proper petition seeking a belated appeal under Florida Rule of Appellate Procedure 9.141(c).

Lewis, Rowe, and Jay, JJ., concur.


Summaries of

Vazquez v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
May 13, 2020
294 So. 3d 461 (Fla. Dist. Ct. App. 2020)
Case details for

Vazquez v. State

Case Details

Full title:JASON JAMES VAZQUEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: May 13, 2020

Citations

294 So. 3d 461 (Fla. Dist. Ct. App. 2020)