SHAWN ALLEN
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-01-22
No. 17-4898
Whittington, J., Makar, J., Osterhaus, J., Winokur, J.
233 So. 3d 1288 Florida District Court of Appeal, First District (2018)

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Holding

An appeal is dismissed when the notice of appeal is not filed within the time required by Florida Rule of Appellate Procedure 9.140(b)(3).


Headnotes

[1] A notice of appeal in a criminal case must be filed within the time prescribed by Florida Rule of Appellate Procedure 9.140(b)(3) to invoke appellate jurisdiction; failur…

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Facts & Procedural History

Shawn Allen was convicted and sentenced in the Circuit Court for Duval County on October 12, 2017. Allen filed a notice of appeal on November 15, 2017…

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Opinion of the Court
Winokur

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4898 _____________________________

SHAWN ALLEN,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Steven Whittington, Judge.

January 22, 2018

PER CURIAM.

Appellant seeks review of a criminal judgment and sentence rendered by filing with the clerk of the lower tribunal on October 12, 2017. Fla. R. App. P. 9.020(i). The notice of appeal, filed on November 15, 2017, failed to invoke the Court’s jurisdiction in a timely manner. Fla. R. App. P. 9.140(b)(3). Accordingly, the appeal is dismissed. Any request for belated appeal must be filed pursuant to Florida Rule of Appellate Procedure 9.141(c).

MAKAR, OSTERHAUS, and WINOKUR, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Rhonda Peoples-Waters, Jacksonville, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


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