         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-2199
                 _____________________________

HOMER WALKER,

    Appellant,

    v.

JULIE L. JONES, Secretary,
FLORIDA DEPARTMENT OF
CORRECTIONS and the FLORIDA
COMMISSION ON OFFENDER
REVIEW,

    Appellees.
                 _____________________________


On appeal from the Circuit Court for Jackson County.
Michael D. Miller, Judge.

                       February 28, 2018


PER CURIAM.

     Appellant seeks review of an order denying his Petition for
Writ of Habeas Corpus, which was rendered March 6, 2017. See
Fla. R. App. P. 9.020(i). The clerk of the lower tribunal stamped
Appellant’s notice of appeal as filed April 12, 2017. This date
appeared to be the presumptive filing date of the appeal. See Fla.
R. App. P. 9.420(a)(2).

     Because the presumptive filing date was beyond the 30-day
period for seeking review, we directed Appellant to show cause
why the appeal should not be dismissed for lack of jurisdiction. In
response, Appellant demonstrates that the presumptive filing
date of the notice of appeal is April 7, 2017, the date he placed it
in the hands of an institution official for mailing. See Fla. R. App.
P. 9.420(b)(2)(A). This presumptive filing date is also beyond the
30-day period for seeking review. However, in reliance on Florida
Rule of Criminal Procedure 3.070, Appellant concludes that the
notice of appeal was timely filed.

     Appellant’s reliance on the rule is misplaced because it does
not apply to the time period for filing a notice of appeal. See
Joseph v. State, 157 So. 3d 546, 548 (Fla. 1st DCA 2015). Because
no additional time is added to the 30–day period to bring an
appeal, Appellant’s notice of appeal filed outside this time period
is untimely and failed to invoke the Court’s jurisdiction.

    DISMISSED.

WETHERELL, ROWE, and JAY, JJ., concur.


                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Homer Walker, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Kenneth S. Steely, General
Counsel, and Gayla Grant, Assistant General Counsel,
Tallahassee, for Appellee Florida Department of Corrections. No
appearance for Appellee Florida Commission on Offender Review.




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