LOPEZ v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jose Martin LOPEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-1006

Decided: July 24, 2020

Jose Martin Lopez, Clermont, pro se. No Appearance for Appellee.

Jose Martin Lopez appeals the postconviction court's summary denial of his motion requesting that the court enter an order “permitting the filing of a claim of manifest injustice” under Florida Rule of Criminal Procedure 3.850.¹ Lopez did not contemporaneously file a rule 3.850 motion for postconviction relief based on “manifest injustice,” nor does our record show that he has subsequently filed such a motion. Because the order being appealed is not a final, appealable order for review, see Ham v. State, 36 So. 3d 189, 190 (Fla. 2d DCA 2010), this appeal is dismissed.

DISMISSED.

FOOTNOTES

1. Lopez was sentenced by the circuit court in 2010 following a nolo contendere plea. He did not file a direct appeal.

PER CURIAM.

LAMBERT, HARRIS, and SASSO, JJ., concur.

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