IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHNNIE SYLVESTER SMITH, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed March 13, 2007. An appeal from the Circuit Court for Jackson County. William L. Wright, Judge. Johnnie Sylvester Smith, pro se, Appellant. Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-6613
PER CURIAM. Having considered the appellant's response to this Court's order of January 25, 2007, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on December 20, 2006, appealing the Order on the appellant’s postconviction motion, rendered on November 7, 2006, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, 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. HAWKES, THOMAS, and ROBERTS, JJ., CONCUR.
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