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Carlos Cordero, Appellant, v. The State of Florida, Appellee.
Appellant, Carlos Cordero, challenges an order denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and rehearing on the same. Cordero filed a motion for enlargement of time prior to filing his motion for rehearing. The court denied the motion. As a result, Cordero's subsequently filed rehearing motion was untimely and did not toll rendition of the underlying order. See Watkins v. State, 217 So. 3d 1135, 1138 (Fla. 3d DCA 2017) (“Because Watkins's motion for rehearing was untimely, it failed to toll rendition of the trial court's September 28, 2016, order denying his motion to correct illegal sentence. Watkins's November 16, 2016 Notice of Appeal therefore was not filed within thirty days from rendition of the trial court's September 28, 2016, order.”); see also Kellom v. State, 964 So. 2d 743, 743–44 (Fla. 1st DCA 2007) (“As the lower tribunal did not rule on appellant's motion for extension of time to file his motion for rehearing pursuant to Florida Rule of Criminal Procedure 3.050, appellant's motion for rehearing was not timely filed. Therefore, rendition of the order denying appellant's postconviction relief motion was not postponed pursuant to Florida Rule of Appellate Procedure 9.020(H)(1), and appellant's notice of appeal was not timely filed.”). We therefore lack jurisdiction to entertain the merits of this appeal and, accordingly, dismiss this case without prejudice to the filing of a petition for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). See Watkins, 217 So. 3d at 1138.
Dismissed.
PER CURIAM.
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Docket No: No. 3D24-1227
Decided: March 26, 2025
Court: District Court of Appeal of Florida, Third District.
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