| Florida Fourth District Court of Appeal Docket |
| Case Docket |
| Case Number: 4D21-2053 |
| Final Criminal Other Notice from Okeechobee County |
| RAMIRO M. PENA vs. STATE OF FLORIDA |
| Lower Tribunal Case(s):472010CF000280A |
| | |
| Date Docketed | Description | Filed By | Notes |
|---|---|---|---|
| 07/06/2021 | Notice of Appeal Filed | Ramiro M. Pena | |
| 07/07/2021 | Acknowledgment Letter | ||
| 07/07/2021 | ORD-Pay Filing Fee - pro se criminal appeal | The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court. If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the clerk of the lower tribunal within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. | |
| 08/12/2021 | ORD-Sua Sponte Dismiss-No Filing Fee | ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee. | |
| 08/12/2021 | Dismissed - Order by Clerk | ||
| 09/23/2021 | 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. |
| |