Lavaughn Weatherly v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-2393 _____________________________ LAVAUGHN WEATHERLY, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Belated Appeal—Original Jurisdiction. February 12, 2021 PER CURIAM. 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. BILBREY, WINOKUR, and NORDBY, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Lavaughn Weatherly, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2