Dominguez v. State

Full title: Norberto Enrique DOMINGUEZ, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Jul 13, 2016

197 So. 3d 1199 (Fla. Dist. Ct. App. 2016)

Opinion

No. 3D15–2413.

07-13-2016

Norberto Enrique DOMINGUEZ, Appellant, v. The STATE of Florida, Appellee.

Norberto Enrique Dominguez, in proper person. Pamela Jo Bondi, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellee.

PER CURIAM.

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).

1 Rule 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.”

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DISMISSED.