ANTHONY HOLLEY v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTHONY HOLLEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-4624 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed December 1, 2006. An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Judge. Anthony Holley, pro se, Appellant. Charlie Crist, Attorney General, Tallahassee, for Appellee. PER CURIAM. Having considered the appellant's response to this Court's order of October 13, 2006, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on August 2, 2006, appealing the Order on the appellant s postconviction motion, rendered on June 30, 2006, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order and the untimely motion for rehearing did not delay rendition, this Court is without appellate jurisdiction. See Fla. R. App. P. 9.110(b). This appeal is hereby dismissed, but in light of appellant s claims that he did not timely receive a copy of the order denying his motion, we do so without prejudice to appellant s right to file a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). DISMISSED. BROWNING, C. J., ERVIN, and ALLEN, JJ., CONCUR. 2

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