DAVID ISOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-11-05
No. 99-883
COBB, W. SHARP, and GRIFFIN, JJ„ concur.
744 So. 2d 561 Florida District Court of Appeal, Fifth District (1999)


Opinion of the Court
PER CURIAM.

PER CURIAM.

After entering nolo pleas to various offenses, defendant was placed on ten years probation on January 21, 1999. On February 23, 1999, defendant filed a motion to withdraw plea “pursuant to Florida Rule of Criminal Procedure 3.850.” The court treated this filing as a 3.850 motion and denied relief on March 10, 1999. On March 30, 1999, defendant filed a notice of appeal, purporting to appeal the judgment and sentence, as well as the denial of his motion to withdraw plea. Defendant’s appeal is untimely as to his judgment and sentence, as the notice of appeal was filed more than thirty days after the rendition date of sentence. See Fla. R.App. P. 9.140(b)(3). We therefore dismiss the appeal from the judgment and sentence as untimely. We find no merit to, and thus affirm, the denial of appellant’s rule 3.850 motion.

DISMISSED in part; AFFIRMED in part.

COBB, W. SHARP, and GRIFFIN, JJ„ concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw