Arnaldo Lugo-Fernandez v. State of Florida

Summary

The Florida Third District Court of Appeal dismissed Arnaldo Lugo-Fernandez’s appeal as untimely. The court held that the notice of appeal was filed more than thirty days after rendition of the order striking and dismissing his motion to correct sentencing error, citing Florida Rule of Appellate Procedure 9.140(b)(3).

Holdings

1. An appeal must be dismissed when the notice of appeal is filed more than 30 days after rendition of the applicable written sentencing order; because the notice was filed more than 63 days after the February 7, 2025 deadline, the appeal was untimely.

Questions Presented

1. Whether the appeal should be dismissed because the notice of appeal was filed more than 30 days after rendition of the order imposing sentence or related sentencing order.

Disposition

dismissed