SHEDDRICK BENTLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
SHEDDRICK BENTLEY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
719 So. 2d 383
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
By petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), petitioner asserts that he timely requested that court appointed counsel file a notice of appeal. The petition is supported by an affidavit of trial counsel. In response to an order to show cause, the state does not object to the belated appeal. Accordingly, we grant the request for a belated appeal and remand to the trial court. The trial court shall treat this court’s mandate as the notice of appeal. Fla. R.App. P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
JOANOS, KAHN and WEBSTER, JJ., concur.
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Hudson v. State, 724 So. 2d 1226 (Fla. 2d DCA 1999)…. (1991). However, Hudson was sentenced to 15 years in prison followed by probation for life for this offense. The total period of incarceration and probation exceeds the statutory maximum that may be imposed for this crime. See Bloodworth v. State, 719 So. 2d 383, 23 Fla. L. Weekly D2402 (Fla. 1st DCA Oct.23, 1998). Hudson has not waived the legality of his sentence even though he agreed to it. See Stephens v. State, 627 So. 2d 543 (Fla. 2d DCA 1993). Further, a sentence that exceeds the statutory maximum is…