Dominguez v. State ( 2016 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed July 13, 2016.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D15-2413
    Lower Tribunal No. 00-37276
    ________________
    Norberto Enrique Dominguez,
    Appellant,
    vs.
    The State of Florida,
    Appellee.
    An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
    Circuit Court for Miami-Dade County, Rodney Smith, Judge.
    Norberto Enrique Dominguez, in proper person.
    Pamela Jo Bondi, Attorney General, and Jill D. Kramer, Assistant Attorney
    General, for appellee.
    Before ROTHENBERG, LAGOA, and LOGUE, JJ.
    PER CURIAM.
    Appellant, Norberto Enrique Dominguez, seeks review of an order denying
    his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We
    dismiss the appeal for lack of jurisdiction because the notice of appeal was not
    timely filed.
    The order on appeal was rendered1 on September 16, 2015, and Appellant’s
    notice of appeal was filed on October 19, 2015, more than thirty days past the date
    of rendition. Accordingly, because this Court lacks jurisdiction, we dismiss this
    appeal as untimely. See Joseph v. State, 
    157 So. 3d 546
    (Fla. 1st DCA 2015);
    Guzman v. State, 
    364 So. 2d 523
    (Fla. 2d DCA 1978).
    DISMISSED.
    1Rule 9.020(i), Fla. R. App. P., defines rendition as follows: “An order is rendered
    when a signed, written order is filed with the clerk of the lower tribunal.”
    2
    

Document Info

Docket Number: 15-2413

Filed Date: 7/13/2016

Precedential Status: Precedential

Modified Date: 7/13/2016