VAZQUEZ v. STATE (2020)

District Court of Appeal of Florida, First District.

Jason James VAZQUEZ, Appellant, v. STATE of Florida, Appellee.

No. 1D20-1098

Decided: May 13, 2020

Bruce A. Miller, Public Defender, and Bradley Herrington Rowe, Assistant Public Defender, Pensacola, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Because the notice of appeal in this case was filed more than 30 days after rendition of the written judgment and sentence by the lower court, this Court lacks jurisdiction over this appeal and is constrained to dismiss. See Fla. R. App. P. 9.140(b)(1)(A), (b)(3) (providing that the time for filing a notice of direct appeal from “a final judgment adjudicating guilt” is “between rendition of a final judgment and 30 days following rendition of a written order imposing sentence”); Jones v. State, 78 So. 3d 706, 709 (Fla. 1st DCA 2012) (noting that the prescribed time under rule 9.140(b)(3) is jurisdictional). Appellant's remedy is to file a proper petition seeking a belated appeal under Florida Rule of Appellate Procedure 9.141(c).

Per Curiam.

Lewis, Rowe, and Jay, JJ., concur.

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