FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-1623
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BRIAN KEITH CARSTEN,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Belated Appeal—Original Jurisdiction.
September 2, 2021
PER CURIAM.
Petitioner seeks belated appeal of a July 27, 2020, order
denying a postconviction motion. Because Petitioner’s motion for
rehearing was not timely filed, it did not delay rendition of the July
27, 2020, order. See Fla. R. Crim. Pro. 3.850(j). Accordingly, the
Court denies the petition for belated appeal on the merits. See
Topps v. State,
865 So. 2d 1253, 1258 (Fla. 2004) (explaining that
a decision on an extraordinary writ petition that “clearly shows
that the issue was considered by the court on the merits” is deemed
a decision “which would later bar the litigant from presenting the
issue under the doctrines of res judicata or collateral estoppel”).
LEWIS, MAKAR, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Brian Keith Carsten, pro se, Petitioner.
Ashley Moody, Attorney General, and Adam B. Wilson, Assistant
Attorney General, Tallahassee, for Respondent.
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