08-3412 TONY L. GARY v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-3412

Case Date: 10/14/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TONY L. GARY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-3412

Opinion filed October 14, 2008. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Tony L. Gary, pro se, Appellant. Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Having considered the appellant's response to this Court's order, dated July 18, 2008, we dismiss this appeal for lack of jurisdiction. DISMISSED. POLSTON and HAWKES, JJ., CONCUR; BENTON, J., CONCURS WITH OPINION.

BENTON, J., concurring. This dismissal is without prejudice to the appellant's right to file a petition for belated appeal. See Daniels v. State, 892 So. 2d 526 (Fla. 1st DCA 2004).

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