| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
14-18653-CF
|
Parties
| Name |
BARRY SANDERS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, CYNTHIA E. RICHARDS, A.A.G.
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-08-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-DISMISSING APPEAL ~ After consideration of appellant's response received August 1, 2019, to the order to show cause dated July 17, 2019, which response did not establish why appellant could not turn over a notice of appeal to prison officials on or before July 9, 2019, this court dismisses this appeal for lack of jurisdiction because the notice of appeal was filed one day after the deadline for filing a timely notice of appeal expired and is, therefore, untimely. See Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990).Also, the circuit court order under judicial review which disposed of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) for reduction or modification of sentence is a nonappealable order. See State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005); Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999).
|
|
| Docket Date |
2019-08-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ LaRose, Sleet, and Lucas
|
|
| Docket Date |
2019-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO OSC
|
| On Behalf Of |
BARRY SANDERS
|
|
| Docket Date |
2019-07-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BARRY SANDERS
|
|
| Docket Date |
2019-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-07-17
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within 15 days from the date of this order why this appeal should not be dismissed as untimely. The circuit court order appealed appears to have been rendered under the requirements of Florida Rule of Appellate Procedure 9.020(h) on Friday June 7, 2019.The notice of appeal to be timely under the requirements of Florida Rules of Appellate Procedure 9.141(b)(1) and 9.110(b) had to be filed with the clerk of the circuit court within 30 days from the rendition of the order being appealed. However, under Florida Rule of Judicial Administration 2.514(a)(1)(A), the 30 days does not begin to run until the next day after the date of rendition that is not a Saturday, Sunday, or legal holiday, that is, Monday June 10, 2019. Therefore, the notice of appeal to be timely under these requirements had to be filed with the clerk of the circuit court by July 9, 2019. For pro se prisoners, the notice of appeal is considered filed as of the date prison officials placed on the notice, that is, July 10, 2019 (1 day after the deadline for filing the notice of appeal expired). Appellant's notice of appeal appears to have been untimely filed. See Bouchard v. State, Dep't of Bus. Reg., 448 So. 2d 1126 (Fla. 2d DCA 1984); Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990).
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-07-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-07-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2019-07-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2019-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARRY SANDERS
|
|
|
