LORENZO COLE v. STATE OF FLORDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LORENZO COLE, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D05-0403 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed April 12, 2005. An appeal from the Circuit Court for Duval County. Peter L. Dearing, Judge. Appellant, pro se. Charles J. Crist, Jr., Attorney General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. Having considered the Appellant's response to this Court's order, dated February 28, 2005, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on January 21, 2005, appeals a non-appealable order, which issued on January 6, 2005, and denied the Appellant s motion for rehearing. Because the motion for rehearing is not subject to appellate review, this Court is without appellate jurisdiction. See Carter v. State, 242 So. 2d 737, 737 (Fla. 1st DCA 1970); Fla. R. App.9.110(b). To the extent the Appellant argues that he is appealing the underlying order, his motion for rehearing was not timely filed within 15 days of the trial court s order and, thus, did not delay rendition of the underlying final order. See Fla. R. Crim. P. 3.850(g); Fla. R. App. P. 9.020(h). DISMISSED. WOLF, C.J., DAVIS and PADOVANO, JJ., CONCUR.

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