Legal Opinion

Joseph v. State

District Court of Appeal of Florida

Decided April 8, 2011No. 2D10-2583Published

1Per curiam

Peguy Joseph appeals an order dismissing his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The order, which was dated April 19, 2010, informed Mr. Joseph that his motion was facially insufficient, dismissed the motion without prejudice, and, citing Spera v. State, 971 So.2d 754 (Fla.2007), granted Mr. Joseph thirty days to file a facially sufficient claim. The order also advised Mr. Joseph that he “may not appeal until such time as this Court has entered a final Order.” Despite this admonition, Mr. Joseph prematurely filed this appeal. Accordingly,…

2Cases cited3 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Williams v. StateDistrict Court of Appeal of Florida · 2004
  3. Bloye v. StateDistrict Court of Appeal of Florida · 2010

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