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CARSTEN v. STATE (2021)

District Court of Appeal of Florida, First District.2021-09-02No. No. 1D21-1623

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Opinion

Petitioner seeks belated appeal of a July 27, 2020, order denying a postconviction motion. Because Petitioners motion for rehearing was not timely filed, it did not delay rendition of the July 27, 2020, order. See Fla. R. Crim. Pro. 3.850(j). Accordingly, the Court denies the petition for belated appeal on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”).

PER CURIAM.

LEWIS, MAKAR, and BILBREY, JJ., concur.