Thomas v. State

905 So.2d 1037 (2005)

Oscar THOMAS, Appellant,

v.

STATE of Florida, Appellee.

No. 5D05-258.

District Court of Appeal of Florida, Fifth District.

July 8, 2005.

Oscar Thomas, pro se.

No Appearance for Appellee.

Defendant, Oscar Thomas, seeks to appeal the denial of his Rule 3.850 motion. This court entered a show cause order why his appeal should not be dismissed because his notice of appeal was untimely. Defendant responds he had filed an earlier, timely notice which was "overlooked" by the clerk; however, he provides no documentation to support his assertion. Consequently, this appeal must be…