Narrative Opinion Summary
Kevin Rivero's appeal from an order denying his petition for relief under Florida Rule of Criminal Procedure 3.850 has been dismissed. Rivero filed his notice of appeal on September 19, 2006, which exceeded the thirty-day time frame for filing. He did not contest the timeliness of his appeal, focusing instead on the merits of his case. The dismissal is without prejudice, allowing Rivero the option to pursue a belated appeal of the order denying his 3.850 motion in accordance with Florida Rule of Appellate Procedure 9.141(c).
Legal Issues Addressed
Right to Pursue Belated Appealsubscribe to see similar legal issues
Application: The dismissal of the appeal is without prejudice, allowing the possibility for the appellant to seek a belated appeal under the relevant appellate procedures.
Reasoning: The dismissal is without prejudice, allowing Rivero the option to pursue a belated appeal of the order denying his 3.850 motion in accordance with Florida Rule of Appellate Procedure 9.141(c).
Timeliness of Appeal under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: The appeal was dismissed due to the appellant's failure to file within the required thirty-day period, highlighting the importance of adhering to procedural deadlines.
Reasoning: Rivero filed his notice of appeal on September 19, 2006, which exceeded the thirty-day time frame for filing.