Jason James Vazquez v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 13, 2020
Docket1D20-1098
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-1098
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JASON JAMES VAZQUEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Jan Shackelford, Judge.
May 13, 2020
PER CURIAM.
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).
LEWIS, ROWE, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Bruce A. Miller, Public Defender, and Bradley Herrington Rowe,
Assistant Public Defender, Pensacola, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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