JACQUES D. KEIL, APPELLANT,
v.
HARRY K. SINGLETARY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL., APPELLEE
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GUNTHER, Judge.
Petitioner, Jacques D. Keil, petitions this court for a writ of habeas corpus seeking leave to file a belated appeal from an order denying his Florida Rule of Criminal Procedure 3.850 motion. The state concedes that the order denying petitioner’s rule 3.850 motion did not inform him of his right to appeal within thirty days. Both the rule and case law require the petitioner to be informed of his right to appeal. See Fla.R.Crim.P. 3.850(g); State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975); Lewis v. State, 606 So. 2d 767 (Fla. 4th DCA 1992). Accordingly, the petition for writ of habeas corpus is granted affording the petitioner an opportunity to file a belated appeal within thirty days.
PETITION GRANTED.
FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vaughn v. State, 654 So. 2d 668 (Fla. 4th DCA 1995)…PER CURIAM. We grant this petition for a writ of habeas corpus. Petitioner is presently in custody and was not advised of his right to appeal by the order under review. Keil v. Singletary, 649 So. 2d 354 (Fla. 4th DCA 1995); In the Interest of W.B., 428 So. 2d 309 (Fla. 4th DCA 1983). Petitioner is granted 30 days within which to file a notice of belated appeal from the order denying his motion to withdraw plea in trial court case number 87-6925 CF.…
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Sherlock v. State, 98 So. 3d 696 (Fla. 4th DCA 2012)…PER CURIAM. We sua sponte grant appellant a belated appeal, State ex rel. Shevin v. Dist. Court of Appeal, Third Dist., 316 So. 2d 50 (Fla.1975); Keil v. Singletary, 649 So. 2d 354 (Fla. 4th DCA 1995), and affirm. Belated Appeal Granted, Appeal Affirmed. STEVENSON, GROSS and CIKLIN, JJ., concur.…
Authorities Cited
- State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)
- LEE v. Amisub OF Fla., Inc., 606 So. 2d 767 (Fla. 3d DCA 1992)