5D04-2144 Ruben Gonzalez v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2144

Case Date: 07/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

RUBEN GONZALEZ, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________/ Opinion filed July 30, 2004 Petition for Belated Appeal, A Case of Original Jurisdiction. Ruben Gonzalez, Bushnell, pro se. No Appearance for Respondent. CASE NO. 5D04-2144

PER CURIAM. We deny Appellant's petition for belated appeal. The record reflects that Appellant received the challenged order, which denied his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850, nineteen days before the Notice of Appeal was due to be filed. Instead of filing the Notice of Appeal, however, Appellant, acting pro se, filed an untimely Motion for Rehearing, which did not toll the time period for filing the Notice of Appeal. Appellant's Notice of Appeal, therefore, which was not filed until after the lower court denied Appellant's Motion for Rehearing, was untimely. Under these circumstances, Appellant has not demonstrated entitlement to relief under Florida Rule of Appellate Procedure 9.141(c).

PETITION DENIED. SAWAYA, C.J., ORFINGER and TORPY, JJ., concur.

2

Download 5D04-2144 Ruben Gonzalez v. State.pdf