Joseph W. Atkins v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-3286 _____________________________

JOSEPH W. ATKINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.

December 31, 2018

PER CURIAM.

DISMISSED. See Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013) (dismissing untimely appeal where appellant argued prison officials prevented him from timely filing appeal); Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000) (explaining that motion for belated appeal is proper avenue for relief where order on postconviction motion was not received until after time to appeal had expired).

LEWIS, WINOKUR, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Joseph W. Atkins, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.