Rohn v. State

SHARP, W., J.,

dissenting.

Because Rohn’s notice of appeal from the trial court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 was untimely, I would dismiss this appeal and not reach the merits.

On August 31, 2005, the trial court rendered its denial of Rohn’s motion. Under the mailbox rule,1 Rohn had 30 days in which to file his notice of appeal — September 30th. He did not file his notice of appeal, under the mailbox rule, until October 3, 2005.

Responding to this court’s show cause order as to why the appeal should not be dismissed for lack of…