MINTON v. STATE (2021)

District Court of Appeal of Florida, First District.

Michael MINTON, Appellant, v. STATE of Florida, Appellee.

No. 1D20-3287

Decided: January 04, 2021

Michael Minton, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

The postconviction court rendered its final order denying Minton's rule 3.850 motion on September 25, 2020. We presume that the filing date for Minton's notice of appeal is November 2, 2020, the date “stamped for filing by the clerk of the court.” Fla. R. App. P. 9.420(a)(2); cf. Fla. R. App. P. 9.420(a)(2)(A), (B) (describing exceptions to this presumption, neither of which is applicable here). We DISMISS this untimely appeal for want of jurisdiction. See Fla. R. App. P. 9.110(b) (requiring that an appeal be filed within thirty days of rendition of the final order); Fla. R. App. P. 9.141(b)(1) (making the requirements of rule 9.110 applicable to appeals of orders denying postconviction motions like Minton's).

Per Curiam.

Osterhaus, Nordby, and Tanenbaum, JJ., concur.

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