Lett v. State, 7377
| Decision Date | 24 February 1967 |
| Docket Number | No. 7377,7377 |
| Citation | 195 So.2d 608 |
| Parties | David John LETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Delano S. Stewart, Asst. Public Defender, Tampa, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
On May 15, 1964, an information was filed in the office of the Clerk of the Criminal Court of Record, in and for Hillsborough County, Florida, charging appellant with robbery. Subsequently appellant was arraigned, tried by a jury, found guilty and sentenced to serve six months to ten years in the Florida State Prison. On July 14, 1964, appellant filed his motion for a new trial which was denied. On October 2, 1964, the appellant filed his notice of appeal in this court. In a per curiam opinion this court affirmed appellant's conviction and sentence. See Lett v. State, Fla.App.1965, 174 So.2d 568.
On July 7, 1966 appellant in proper person filed a petition for writ of habeas corpus which was treated as a motion to set aside and vacate judgment and sentence under Criminal Procedure Rule #1 and after hearing thereon the trial court entered an order denying said motion.
Appellant was represented by counsel at every essential stage in each of the above described proceedings.
On August 18, 1966, appellant filed a 'supplemental rule #1 petition--petition for rehearing.' This petition was properly treated as a petition for rehearing and denied on September 6, 1966.
Appellant appeals the order denying this motion for rehearing.
It is well settled that a proceeding under Criminal Procedure Rule #1, F.S.A. ch. 924 Appendix, is civil rather than criminal in nature. See State v. Weeks, Fla.1964, 166 So.2d 892. Therefore, the rules governing the appealability of orders and judgment under Criminal Procedure Rule #1 are delineated by the Florida Appellant Rules. An order denying appellant's petition for rehearing is not an appealable order. See Florida Living for the Retired, Inc. v. Retirement Hotel Associates, Fla.App.1964, 167 So.2d 83; Oxford v. Polk Federal Savings & Loan Association of Lakeland, Fla.App.1962, 147 So.2d 603, and cases cited therein.
Therefore appellant's appeal from an order denying his motion for rehearing is dismissed.
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Carter v. State
...of this state that an order denying a motion for rehearing or reconsideration is nonappealable and not subject to appellate review. In Lett v. State 1 the Second District Court of Appeal said: 'It is well settled that a proceeding under Criminal Procedure Rule #1, F.S.A. ch. 924 Appendix, i......
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Martin v. Pafford
...original prosecution, Heilmann v. State, 310 So.2d 376 (Fla. 2d DCA 1975), and is civil in nature rather than criminal. Lett v. State, 195 So.2d 608 (Fla. 2d DCA 1967). Next, a direct appeal in a criminal proceeding, unlike appeals from civil proceedings as in Zakak and Diaz, generally does......
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State v. Lasley, 86-3168
...the criminal rules. Green v. State, 280 So.2d 701 (Fla. 4th DCA 1973); Tolar v. State, 196 So.2d 1 (Fla. 4th DCA 1967); Lett v. State, 195 So.2d 608 (Fla. 2d DCA 1967). Florida Rule of Appellate Procedure 9.110(b), not 9.140(c)(2), controls, and affords the prospective appellant thirty days......