Johnson v. State

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of September 14, 2004, the Court has determined that the notice of appeal was not timely filed because the motion for rehearing was not filed within fifteen days of the date of service of the trial court’s order. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

DISMISSED.

DAVIS, BROWNING and HAWKES, JJ., concur.