SANDERS v. STATE (2019)

District Court of Appeal of Florida, Second District.

Barry SANDERS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-2674

Decided: August 06, 2019

After consideration of appellant's response received August 1, 2019, to the order to show cause dated July 17, 2019, which response did not establish why appellant could not turn over a notice of appeal to prison officials on or before July 9, 2019, this court dismisses this appeal for lack of jurisdiction because the notice of appeal was filed one day after the deadline for filing a timely notice of appeal expired and is, therefore, untimely. See Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990).

Also, the circuit court order under judicial review which disposed of appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) for reduction or modification of sentence is a nonappealable order. See State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005); Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999).

BY ORDER OF THE COURT:

LaROSE, SLEET, and LUCAS, JJ., Concur.

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