| Florida Fourth District Court of Appeal Docket |
| Case Docket |
| Case Number: 4D21-2120 |
| Final Criminal 3.800 Notice from Palm Beach County |
| CEDRICK JOHNSON vs. STATE OF FLORIDA |
| Lower Tribunal Case(s):05-1583CF10A |
| | |
| Date Docketed | Description | Filed By | Notes |
|---|---|---|---|
| 07/14/2021 | Notice of Appeal Filed | Cedrick Johnson | |
| 07/14/2021 | Received Summary Record | ||
| 07/14/2021 | Acknowledgment Letter | ||
| 07/14/2021 | ORD-For Untimely Filing - Criminal Appeal | This court has received a Notice of Appeal in the above case which appears to be untimely. If the Notice is untimely, then this court does not have jurisdiction to hear the appeal. The Notice of Appeal shows that Defendant (who is incarcerated) gave the Notice to prison authorities on June 29, 2021, which appears to be more than thirty (30) days after rendition of the order being appealed on May 27, 2021. If Defendant is seeking a belated appeal, a sworn petition conforming to Florida Rule of Appellate Procedure 9.141(c) shall be filed within 20 days. Any failure to comply timely with this order will result in the dismissal of this appeal as untimely. | |
| 08/18/2021 | ORD-Sua Sponte Dismissed as Untimely | ORDERED sua sponte that the above–styled appeal is dismissed as untimely filed. GROSS, MAY and LEVINE, JJ., concur. | |
| 08/18/2021 | Dismissed - Order by Judge | ||
| 09/08/2021 | Order Per Section 16(b)(10)b., Fla. Const. - Time Expired | Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained. |
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