JOSHUA I. MARTINEZ
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-03-08
No. 2024-0274
Makar, J., Jay, J., Kilbane, J.
2024 FL 2687 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.


Headnotes

[1] An appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated as the notice of appeal from the underlying order pursuant…

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Facts & Procedural History

Martinez, proceeding pro se, sought a belated appeal from a December 7, 2023 order denying his motion for postconviction relief in a criminal case fro…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case No. 5D24-0274 LT Case No. 2013-102539-CFDL _____________________________ JOSHUA I. MARTINEZ, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Belated Appeal. A Case of Original Jurisdiction. Joshua I. Martinez, Mayo, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent. March 8, 2024 PER CURIAM. The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal from the December 7, 2023 order denying Petitioner’s motion for postconviction relief rendered in Case No. 2013-102539- CFDL, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

2 PETITION GRANTED. MAKAR, JAY, and KILBANE, JJ., concur. ____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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