JIMMIE LEE FOREHAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellate court dismissed defendant's appeal of a Rule 3.850 post-conviction motion denial because the notice of appeal was filed more than thirty days after the order was rendered, depriving the court of jurisdiction.
A notice of appeal from an order denying post-conviction relief must be filed within thirty days of rendition of the order, and failure to do so deprives the appellate court of jurisdiction.
[1] The thirty-day deadline for filing a notice of appeal from an order denying post-conviction relief is jurisdictional and cannot be extended absent a timely motion for reh…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDefendant Jimmie Lee Forehand filed a notice of appeal on December 26, 1990 from an order denying his Rule 3.850 motion rendered on November 19, 1990.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rule 3.850 Motion cases and more on FLexlaw
DAUKSCH, Judge.
Defendant Jimmie Lee Forehand filed a Notice of Appeal on December 26, 1990 seeking review of an order rendered November 19, 1990 denying his Rule 3.850 motion. No timely motion for rehearing was filed which would toll the time to appeal. See Fla.R.App.P. 9.020(g). Since the notice of appeal was not filed within thirty (30) days of rendition of the order to be reviewed, this court lacks jurisdiction. See, e.g., Fuller v. Wainwright, 238 So. 2d 65 (Fla.1970) (time to appeal motion for post-conviction relief expires when notice is not filed within thirty days of rendition); Pitts v. State, 225 So. 2d 352 (Fla. 1st DCA 1969) (filing of notice of appeal is jurisdictional and court is without authority to exercise jurisdiction where notice of appeal of order denying post-conviction motion was not filed within thirty days of rendition and no timely motion for rehearing was filed). Accordingly, the appeal is dismissed. However, the dismissal is without prejudice to the filing of a petition for writ of habeas corpus for a belated appeal, if it can be shown that state action interfered with the defendant’s right to appeal. See, e.g., Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987).
APPEAL DISMISSED.
COBB and W. SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fuller v. Wainwright, 238 So. 2d 65 (Fla. 1970)
- Silly W. Pitts v. State, 225 So. 2d 352 (Fla. 1st DCA 1969)
- Singleton v. State, 513 So. 2d 772 (Fla. 2d DCA 1987)
- Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987)