07-5768 STEVEN B. GUIDRY v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-5768

Case Date: 01/23/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEVEN B. GUIDRY, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed January 23, 2008. An appeal from the Circuit Court for Okaloosa County. G. Robert Barron, Judge. Jack Behr, Public Defender, and James W. Tongue, Assistant Public Defender, Shalimar, for Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D07-5768

PER CURIAM. Because the notice of appeal was not timely filed, we are constrained to dismiss this appeal for lack of jurisdiction. Although the trial court entered an order

purporting to grant appellant leave to pursue a belated appeal, jurisdiction to entertain a request for belated appeal lies with the appropriate appellate court, rather than the trial court. See Bailey v. State, 845 So. 2d 259 (Fla. 2d DCA 2003); Fla. R. App. P. 9.141(c)(2). Our dismissal of this appeal is without prejudice to appellant's right to seek a belated appeal by filing a proper petition with this court in accordance with Florida Rule of Appellate Procedure 9.141(c). APPEAL DISMISSED. ALLEN, VAN NORTWICK, and LEWIS, JJ., CONCUR.

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