Fisher v. State, 625 So. 2d 134 (Fla. 4th DCA 1993). · Go Syfert
Fisher v. State, 625 So. 2d 134 (Fla. 4th DCA 1993). Cases Citing This Book View Copy Cite
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Mark D. FISHER, a/k/a Mark D. Seleske
v.
STATE of Florida
No. 92-2146.
District Court of Appeal of Florida, Fourth District.
Oct 20, 1993.
625 So. 2d 134
1993 Fla. App. LEXIS 10642
1993 WL 416456
Richard L. Jorandby, Public Defender, and David J. McPherrin, Asst. Public Defender, West Palm Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
Farmer, Gunther, Warner.
Published
PER CURIAM.

This is an untimely appeal from an order revoking appellant’s probation and resen-tencing. Appellant claims that the court erred by exceeding the maximum sentence for the third degree felonies on which he was sentenced by failing to give him credit for the 279 days he had already served on probation prior to the revocation. While it appears that this claim may have merit, see Medina v. State, 604 So.2d 30 (Fla. 2d DCA 1992), Summers v. State, 625 So.2d 876 (Fla. 2d DCA 1993), we have no jurisdiction because of the untimeliness of the appeal. We therefore dismiss without prejudice to appellant bringing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a).

GUNTHER, WARNER and FARMER, JJ., concur.