IGNACIO AQUINO v. THE STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Third District.

IGNACIO AQUINO, Appellant(s)/Petitioner(s), v. THE STATE OF FLORIDA, Appellee(s)/Respondent(s),

CASE NO.: 3D22-0448

Decided: May 26, 2022

Upon the Court's own motion, it is ordered that the abovereferenced appeals are hereby consolidated for all appellate purposes under case no. 3D22-448. All filings in the case shall be under case no. 3D22-448.

The Notice of Appeal in case no. 3D22-448 seeks to appeal a 2008 conviction and sentence, and the Notice of Appeal in case no. 3D22-449 seeks to appeal a 2018 conviction and sentence. The 2018 conviction and sentence was reviewed on appeal in case no. 3D18-751, and this Court reversed and remanded for further proceedings. The Notice of Appeal as to the 2008 conviction and sentence is hereby dismissed as untimely. See Fla. R. App. P. 9.141(c)(5)(A) (“A petition for belated appeal shall not be filed more than 2 years after the expiration of time for filing the notice of appeal from a final order. ․”). To the extent that pro se Appellant seeks an appeal of a different, more recent order, this dismissal is without prejudice to pro se Appellant amending the Notice of Appeal to reflect an appealable order.

FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.

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