Cheshire v. State

Steven Cheshire appeals the summary denial of his motion for post conviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We dismiss the appeal for lack of jurisdiction.

The order denying Cheshire’s Rule 3.853 motion was rendered on 21 November 2002. Cheshire served his motion for rehearing on 5 December 2002. The motion for rehearing was denied by order rendered on 17 December 2002, but Cheshire did not serve his notice of appeal until 7 February 2003, as evidenced by his certificate of service. Cheshire’s notice of appeal was filed more than thirty days after the…