Smith v. State

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JERRY L. SMITH, JR., Appellant,
v.
STATE OF FLORIDA, Appellee.

Case No. 1D06-5305.

District Court of Appeal of Florida, First District.

Opinion filed April 30, 2007.

An appeal from the Circuit Court for Madison County, James Roy Bean, Judge.

Jerry L. Smith, Jr., pro se, Appellant.

Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Having considered the appellant’s response to this Court’s order of November 17, 2006, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on October 3, 2006, appealing the order on the appellant’s postconviction motion, rendered on August 28, 2006, is untimely. Because the notice of appeal was filed more than thirty days after rendition of the order, this Court is without appellate

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jurisdiction. See Fla. R. App. P. 9.110(b).

DISMISSED.

WOLF, DAVIS, and THOMAS, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

06-5305.pdf

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