DERRICK L. CUMMINGS v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DERRICK L. CUMMINGS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D04-2990 STATE OF FLORIDA, Appellee. Opinion filed August 31, 2004. An appeal from an order of the Circuit Court for Duval County. Peter L. Dearing, Judge. Derrick L. Cummings, pro se, appellant. Charlie Crist, Attorney General, Tallahassee, for appellee. PER CURIAM. Because the notice of appeal was not timely filed, this appeal is dismissed for lack of jurisdiction. See Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992)(holding that there is no authority for a motion for rehearing of an order disposing of a rule 3.800 motion to correct illegal sentence and, therefore, the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely). WOLF, C.J., ERVIN and LEWIS, JJ., concur. 2

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