LYONS v. STATE (2024)

District Court of Appeal of Florida, First District.

Brandian Darnell LYONS, Appellant, v. STATE of Florida, Appellee.

No. 1D2023-1740

Decided: August 21, 2024

Jessica J. Yeary, Public Defender, and Ross S. Haine II, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Dismissed. We lack jurisdiction because the first notice of appeal directed to the June 16, 2023 judgment and sentence was not filed by Appellant or his counsel;, and the amended notice of appeal filed by a new attorney on August 16, 2023, and seeking review of the same judgment, was untimely. See Fla. R. App. P. 9.140(b)(3) (“The defendant must file the notice prescribed by rule 9.110(d) with the clerk of the lower tribunal at any time between rendition of a final judgment and 30 days following rendition of a written order imposing sentence.”); Fla. R. App. P. 9.020(g)(1) (defining “appellant” as “[a] party who seeks to invoke the appeal jurisdiction of a court”).

Per Curiam.

Rowe, Bilbrey, and Kelsey, JJ., concur.

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