Simmons v. State

Full title: LARRY SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 28, 1995

657 So. 2d 1283 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1101.

July 28, 1995.

3.800 Appeal from the Circuit Court for Volusia County; William C. Johnson, Jr., Judge.

Larry Simmons, Daytona Beach, pro se.

No appearance for appellee.

PER CURIAM.

We dismiss Larry Simmons' appeal of the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800. His motion for rehearing did not toll the time for filing his appeal. Kosek v. State, 640 So.2d 1127 (Fla. 5th DCA 1994).

COBB, HARRIS and THOMPSON, JJ., concur.