County Criminal Court: APPELLATE PROCEDURE – Jurisdiction – Appellate court was without jurisdiction to review appeal untimely filed. Order dismissing appeal. Williams v. State, No. CRC 06-86 APANO, (Fla. 6th Cir. App. Ct. June 6, 2007).

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

DWAYNE WILLIAMS

 

            Appellant,

 

v.                                                                                                                                           Appeal No. CRC 06-86 APANO

                                                                        UCN522006AP000086XXXXCR

STATE OF FLORIDA

 

            Appellee.

____________________________/

 

 

ORDER DISMISSING APPEAL

 

 

            THIS MATTER is before the Court on Dwayne Williams’ appeal from a decision of the Pinellas County Court and of his judgment and sentence. The appellant is attempting to appeal an oral pronouncement that was never reduced to writing. As the attorney for the appellant points out in the Anders brief filed on behalf of the appellant, this Court does not have jurisdiction to review the matter. See Owens v. State, 579 So.2d 311 (Fla. 1st DCA 1991).

            In addition, as also pointed out by appellate counsel, Williams’ attempted appeal of his judgment and sentence is untimely. Accordingly, this Court does not have jurisdiction to review that matter either. See Peltz v. District Court of Appeal, Third District, 605 So.2d 865 (Fla. 1992).

            IT IS THEREFORE ORDERED that the above-styled appeal is dismissed because this Court lacks jurisdiction.

            IT IS FURTHER ORDERED that this dismissal is without prejudice to the appellant’s right to seek redress via a proper motion for post-conviction relief filed in the trial court.  

            DONE AND ORDERED in Clearwater, Florida this _____ day of June, 2007.

 

 

 

                                                            ________________________________

                                                                             R. Timothy Peters

                                                            Circuit Court Judge, Appellate Division

 

cc:        State Attorney

 

            Frank Winstead, Esq.