Johnson v. State

The appellant, Clyde Johnson, appeals the summary denial of the motion he filed before the trial court in accordance with Rule 3.800(a), Fla. R.Crim. P. We are unable to review the order of the trial court because the notice of appeal was not timely filed.

The trial court denied Mr. Johnson’s Rule 3.800(a) motion by an order rendered on December 10, 2002. Mr. Johnson filed a motion for rehearing on December 29, 2002, which was denied by the trial court on January 23, 2003. Mr. Johnson then filed his Notice of Appeal on February 2, 2003.

As we have pointed out in the past, a motion for rehearing…