MICHAEL EUGENE WINGATE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL EUGENE WINGATE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-0855 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed November 15, 2013. An appeal from an order of the Escambia County Circuit Court. Linda L. Nobles, Judge. Glenn M. Swiatek, Shalimar, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. Because the February 6, 2013, notice of appeal was filed more than 30 days after rendition of the December 5, 2012, judgment and sentence, this appeal is hereby dismissed as untimely. See Fla. R. App. P. 9.140(b)(3). This disposition is without prejudice to counsel filing a motion to reinstate the appeal in case number 1D12-6070. BENTON, PADOVANO, and RAY, JJ., CONCUR.

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