
    Richard BARNER, III, Appellant, v. STATE of Florida, Appellee.
    No. 1D15-4065.
    District Court of Appeal of Florida, First District.
    Oct. 6, 2015.
    
      Rudolph C. Shepard, Jr., Panama City, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Upon consideration of appellant’s response to the Court’s order of September 3, 2015, the Court has determined that the appeal is untimely with respect to appellant’s July 31, 2015, criminal judgment and sentence. Accordingly, the appeal is dismissed. The dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

OSTERHAUS and WINOKUR, JJ., concur.

BENTON, J., dissents.  