WEATHERLY v. STATE (2021)

District Court of Appeal of Florida, First District.

Lavaughn WEATHERLY, Petitioner, v. STATE of Florida, Respondent.

No. 1D20-2393

Decided: February 12, 2021

Lavaughn Weatherly, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Petitioner seeks a belated appeal from an August 5, 2019, order denying his postconviction motion. Petitioner's untimely motion for rehearing did not delay rendition of this order. See Fla. R. App. P. 9.020(h)(1). Thus, he had until September 4, 2019, to file a timely notice of appeal. The petition does not show that Petitioner was prevented through no fault of his own from filing a timely notice of appeal by September 4, 2019. Accordingly, the petition for belated appeal is denied on the merits.

Per Curiam.

Bilbrey, Winokur, and Nordby, JJ., concur.

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