JOHN EDWARD THURSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN EDWARD THURSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
812 So. 2d 516
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant, who apparently has a rule 3.850 motion for post-conviction relief pending, has taken an appeal from an order denying his motion for appointment of counsel to represent him in post-conviction proceedings. This order is not appealable under rule 9.140. We therefore dismiss the appeal without prejudice to appellant raising the denial of his motion for appointment of counsel in an appeal from an order denying his rule 3.850 motion in the event that his motion is denied.
WARNER, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Horton v. State, 39 So. 3d 368 (Fla. 5th DCA 2010)…PER CURIAM. AFFIRMED. See Thurston v. State, 812 So. 2d 516 (Fla. 4th DCA 2002). GRIFFIN, ORFINGER and TORPY, JJ., concur.…
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Girley v. State, 933 So. 2d 656 (Fla. 1st DCA 2006)…PER CURIAM. This appeal is hereby dismissed for lack of jurisdiction. See Thurston v. State, 812 So. 2d 516 (Fla. 4th DCA 2002) (holding that an order denying a motion for appointment of counsel is not an appealable order under rule 9.140). BARFIELD, VAN NORTWICK, and LEWIS, JJ., concur.…
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Mitchell v. State, 919 So. 2d 575 (Fla. 3d DCA 2006)…rein, from an order denying his motion for appointment of counsel to represent him in his post-conviction proceedings. As the trial court’s order denying the appointment of appellate counsel is not appealable under rule 9.140, see Thurston v. State, 812 So. 2d 516 (Fla. 4th DCA 2002), we dismiss the instant appeal without prejudice. The defendant may raise the issue in his appeal from the denial of his rule 3.850 motion. See id. Appeal dismissed.…