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Bischel v. State

District Court of Appeal of Florida, Second District
Jun 3, 1998
712 So. 2d 432 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-01519

Opinion filed June 3, 1998. Rehearing Denied July 1, 1998.

Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Hillsborough County; Daniel Perry, Judge.


Michael William Bischel appeals the trial court's order denying his motion for correction of sentence. We are compelled to dismiss this appeal as untimely.

Instead of timely appealing the trial court's order denying his motion, Bischel filed a motion for rehearing. Because a motion for rehearing is not authorized by Florida Rule of Criminal Procedure 3.800, the time for filing a notice of appeal from the original trial court order is not tolled. See Dawson-Knapp v. State, 679 So.2d 1 (Fla. 2d DCA 1995). Bischel did not appeal the order denying his motion for correction of sentence within thirty days; therefore, he lost his right to appeal the trial court's order. His notice of appeal filed after the trial court denied his motion for rehearing renders this appeal untimely.

APPEAL DISMISSED.

PARKER, C.J., and FRANK and PATTERSON, JJ., Concur.


Summaries of

Bischel v. State

District Court of Appeal of Florida, Second District
Jun 3, 1998
712 So. 2d 432 (Fla. Dist. Ct. App. 1998)
Case details for

Bischel v. State

Case Details

Full title:MICHAEL WILLIAM BISCHEL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 3, 1998

Citations

712 So. 2d 432 (Fla. Dist. Ct. App. 1998)

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