KERN v. STATE (2018)

The circuit court order stated as being appealed in the notice which initiated this appeal was rendered under the requirements of Florida Rule of Appellate Procedure 9.020(i) on February 19, 2018.

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 by March 21, 2018 (within 30 days of the rendition of the order being appealed).

For pro se prisoners, the notice of appeal is considered filed as of the date prison officials placed on the notice, that is, July 11, 2018 (142 days after rendition of the order being appealed).

Accordingly, this appeal is dismissed for lack of jurisdiction because the notice of appeal was filed more than 30 days after rendition of the order being appealed and is, therefore, untimely. 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).

Attached to appellant's response received August 7, 2018, to the orders to show cause both dated July 20, 2018, is a circuit court order rendered March 6, 2018, which denied appellant's motion to reduce or mitigate sentence. Such a circuit court order is nonappealable. See Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999).

Also, appellant's motion for appointment of appellate counsel, motion for leave to proceed in forma pauperis, and motion to have court obtain needed financial records are all dismissed as moot.

BY ORDER OF THE COURT:

SILBERMAN, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.