ALPHONSO RAY
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-16
No. 18-3739
Barksdale, Jones, Per Curiam, Smith
275 So. 3d 264 Florida District Court of Appeal, First District (2019)

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Holding

An untimely appeal may be dismissed without prejudice to allow the appellant to pursue a petition for belated appeal under Florida Rule of Appellate Procedure 9.141(c).


Headnotes

[1] Dismissal of an untimely appeal may be without prejudice, allowing the appellant to file a petition for belated appeal under Florida Rule of Appellate Procedure 9.141(c).

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Facts & Procedural History

Alphonso Ray filed an appeal in this criminal matter. The appeal was not timely filed.…

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Opinion of the Court

July 16, 2019 PER CURIAM.

Upon consideration of Appellant’s response to the Court’s order of September 4, 2018, the Court has determined that the appeal is untimely. Accordingly, the appeal is dismissed. The dismissal is without prejudice to Appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Alphonso Ray, pro se; Bruce A. Miller, Public Defender, and Julie M. Edwards, Assistant Public Defender, Milton, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


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