McAllister v. State, 418 So. 2d 1203

ON MOTION TO DISMISS

COWART, Judge.

Appellant‘s original notice of appeal, filed after judgment and sentence, identifies the orders appealed from as “final orders of finding of guilt by the jury.” A verdict is not appealable. Hannah v. State, 402 So.2d 555 (Fla. 5th DCA 1981); Hancock v. State, 402 So.2d 428 (Fla. 5th DCA 1981); Burkett v. State, 400 So.2d 138 (Fla. 5th DCA 1981); Smith v. State, 395 So.2d 575 (Fla. 5th DCA 1981). Since the appeal was from a non-appealable order, this court has no jurisdiction of the appeal.

Appellant‘s “amended notice of appeal,” which identifies the judgment and sentence as the orders appealed from, cannot vest this court with jurisdiction because it was filed more than thirty days after sentencing. Fla. R. App. P. 9.140(b)(2).

The State‘s motion to dismiss is granted and the cause is hereby DISMISSED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

Case Details

Case Name: McAllister v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 1, 1982

Citations: 418 So. 2d 1203; 82-367

Docket Number: 82-367

Court Abbreviation: Fla. Dist. Ct. App.