State v. Acevedo
The Fourth District had sua sponte dismissed the State's appeal as untimely under Florida Rule of Appellate Procedure 9.140(c)(2), relying on Goodwin v. State for the proposition that a motion to suppress rehearing does not toll the appeal clock. On rehearing, the court recognized that Florida Rule of Criminal Procedure 3.192, enacted after Goodwin, expressly allows the State to file a motion for rehearing that tolls rendition of the order being appealed until a written order denying rehearing is entered.
Key facts
- State appealed from a trial court order (likely a suppression ruling) that was subject to appellate review under Florida Rule of Appellate Procedure 9.140.
- The Fourth District Court of Appeal sua sponte dismissed the State's appeal as untimely, relying on Goodwin v. State for the proposition that a motion for rehearing does not toll the appeal deadline.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to prosecutors and defense counsel alike for calculating the timeliness of a State's appeal under Rule 9.140 when a motion for rehearing has been filed under newer Rule 3.192. It clarifies that… — full analysis with a trial
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