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JOSEPH v. STATE

No. 83-533.

437 So.2d 245 (1983)

Robert JOSEPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 15, 1983.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION TO DISMISS

ORFINGER, Chief Judge.

The State of Florida has moved to dismiss this appeal for want of jurisdiction, on the ground that appellant's notice of appeal was not timely filed because appellant's intervening petition for reconsideration and reduction of sentence did not toll the time of rendition of the judgment and sentence appealed from. We agree, and dismiss the appeal.

Appellant was tried on October 8, 1982, and found guilty...

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