final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County, Lower Tribunal
Nos. 08-21731, 08-22479, 08-22491, 08-24743, 08-29745,
08-33667 Stacy Glick, Judge.
Watkins, in proper person.
Jo Bondi, Attorney General, and Eric J. Eves, Assistant
Attorney General, for appellee.
SUAREZ, C.J., and LAGOA and LUCK, JJ.
MOTION TO DISMISS
Watkins ("Watkins") appeals from an order denying
his motion to correct illegal sentence and from an order
denying his motion for rehearing. The State of Florida (the
"State") moves to dismiss the appeal as untimely.
We grant the motion to dismiss the appeal.
FACTUAL AND PROCEDURAL HISTORY
to Florida Rule of Criminal Procedure 3.800(a), Watkins filed
a motion to correct illegal sentence alleging that the trial
court was without jurisdiction to find a violation of
community control. The State served a response to the motion
and Watkins filed a reply.
September 28, 2016, the trial court entered a written order
denying the motion to correct illegal sentence. The order was
filed with the Clerk on the same date, and the certificate of
service stamp on the order certifies that on September 30,
2016, the order was furnished to Watkins by mail.
October 25, 2016, pursuant to the mailbox rule,
Watkins filed a motion for rehearing. In the motion for
rehearing, Watkins asserted that "[o]n September 28,
2016, [the trial] Court entered an order summarily denying
Watkins' [sic] 3.800(a) motion to correct illegal
sentence." Watkins further asserted that "[t]he
date of service was October 13, 2016" and therefore the
motion for rehearing was "timely filed where, by rule,
it is being filed within 15 days from the date of
service." In support of his argument, Watkins attached
the trial court's order. A review of the order attached
to Watkins's motion for rehearing shows two stamps: (1) a
certificate of service stamp from the deputy clerk stating
that the order "has been furnished to" Watkins on
September 30, 2016; and (2) another stamp dated October 13,
2016, from the same deputy clerk, which certifies that the
document is a true and correct copy of the order.
November 9, 2016, the trial court entered a written order
denying Watkins's motion for rehearing. The certificate
of service shows that a copy of the order denying the
rehearing motion was furnished on November 30, 2016, by mail
November 16, 2016, pursuant to the mailbox rule, Watkins
filed a Notice of Appeal with this Court. In his Notice of
Appeal, Watkins argued that although he had "never
received an order denying his motion for rehearing" the
motion was deemed denied, pursuant to Florida Rule of
Criminal Procedure 3.850(j),  if no order was filed within
forty days from the date of the order denying his motion to
correct illegal sentence. Watkins further asserted that
because the trial court denied his motion to correct illegal